For example, a pet store could simply download all of Micromedex's poison antidotes dealing with snakes and poisonous animals and incorporate it into a different pet-related database without violating House Bill 1858; the final product is not substantially the same as Poisindex.
[n]o criminal or civil action shall be maintained under this chapter for the extraction or use of all or a substantial part of a collection of information that occurs more than fifteen years after the portion of the collection that is extracted or used was first offered for sale or otherwise in commerce, following the investment of resources that qualified that portion of the collection for protection under this chapter.(239) Suppose Micromedex publishes and sells its original version of Poisindex in 2000.
Thus, Micromedex could protect Poisindex only if the poison antidotes within it were publicly accessible through alternative means.
Thus, a new database maker who wished to borrow from Poisindex could legally force Micromedex to license its data.
For example, even if Micromedex provided access to Poisindex through an Internet site that required the acceptance of a click-wrap contract eliminating the user's rights under Sections 1403 and 1404, the addition of this contract-preemption provision would give Micromedex no cause of action under the statute against a user falling within the exceptions or exclusions.
Thus, if Micromedex first compiled Poisindex in 2000, then even though Micromedex subsequently added a separate set of data in 2005, the entire database, including the addition, would enter the public domain in 2015.
For example, if Poisindex is not categorized according to animal-poison antidotes and the database cannot be searched to produce a listing of animal-poison antidotes, then Micromedex should be precluded from claiming that the collection of animal-poison antidotes is an independent database.(288)
Thus, if Poisindex contained 10,000 poison antidotes as a whole, a person could extract up to 500 of the items over a period of five years without the risk of incurring liability.(290)