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Redistribution of Data: Who Owns the Data?
James E. Hartley – Chief Technologist, FISD
WRG Managing Market Data, New York, 2005/11/30
A Quick Note About FISD…
Financial Information Services Division
• Global Industry Trade Association
– www.fisd.net
• Three Major Agenda Areas:
– Securities Processing Automation
– Market Data Business Issues
– Government and Regulatory Affairs
• Constituents: Sources, Distributors, Users, Enablers
James E. Hartley, Managing Market Data, New York, 30 November 2005 2
Feedback Solicitation
Consider These Derived Data Scenarios
• “Vendor” I11L Index:
– Prices of 200 stocks from 4 “Sources” (LSE, NYSE, DB, Tokyo)
• “User” 10 Point Composite:
– Index derived from 10 of the above type of indices coupled with
value analysis of the stocks
• “User” AlgoMagic TrendLine:
– Complex formula using historic data from combination of above
James E. Hartley, Managing Market Data, New York, 30 November 2005 3
Questions for Feedback?
• Does the “Source” own the stock price?
• Does the data belong to the “Source”?
– Source may be entitled compensation per receiver
– Is that a human, a computer, a program, a wallboard?
• Does the computation obscure the original data?
– Thus “source” gets one-time compensation
– Does it matter?
– Who owns the result?
James E. Hartley, Managing Market Data, New York, 30 November 2005 4
And the BIG Question…
Who refused to answer
because they knew that
their legal department would
frown?
James E. Hartley, Managing Market Data, New York, 30 November 2005 5
Who Owns the Data?
SEEK
COMPETENT LEGAL COUNSEL
On
Intellectual Property Rights
James E. Hartley, Managing Market Data, New York, 30 November 2005 6
Let’s Look at Another Topic
(that’s more socially acceptable)
• Creationism vs. Evolution?
• War in Iraq? Afghanistan? Terrorism?
• The Swiss Navy?
• Rebuilding New Orleans?
• Because of the formation of the industry, there
is no easy consensus or path forward
• And there is no “end” in sight. Oi.
James E. Hartley, Managing Market Data, New York, 30 November 2005 7
Consensus? Standards!
• Housing Market in the US:
– Street address assigned by Government
– Multiple Listing Service (MLS)
• International Phone Dialing
• The INTERNET
James E. Hartley, Managing Market Data, New York, 30 November 2005 8
The Development of Standards
Three Basic Models
• “Build it and they will come”
– All of the Internet enabling technologies
– HTML hiccup: Microsoft vs. Netscape
– Refine as necessary – EVOLVE
• “De Facto”
– First (or heavyweight) sets without real competition
• Consensus Development – ala ISO
James E. Hartley, Managing Market Data, New York, 30 November 2005 9
Who Sets the Standards?
• Researchers in Academia
• Nerds in Their Garage
• Thinktanks – for government or business
• Clearly Advanced Technology or Marketing
• Consortiums of Like-Minded Organizations
– Be wary of collusion!
James E. Hartley, Managing Market Data, New York, 30 November 2005 10
Derived Data Conundrum
• You are in the game or you are not
– Thus over a barrel or hiding in the corner
• Current legal precedent not definitive
– And each case is usually entirely unique
• Rules not consistent for sources of distributors
– And a standard could definitely be used here…
James E. Hartley, Managing Market Data, New York, 30 November 2005 11
Contact Information:
James E. Hartley
Chief Technologist, SIIA/FISD
jhartley@siia.net, +1 303.322.1393
http://www.fisd.net/ http://www.mddl.org/
Tom Davin
Director, SIIA/FISD
tdavin@siia.net, +1 202.789.4465
James E. Hartley, Managing Market Data, New York, 30 November 2005 12
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