Il conflitto tra diritto d'autore e ricerca scientifica nella disciplina del Text and Data Mining della Direttiva sul Mercato Unico Digitale

THE CONFLICT BETWEEN COPYRIGHT AND SCIENTIFIC RESEARCH IN THE TEXT AND DATA MINING EXCEPTION UNDER THE DIGITAL SINGLE MARKET DIRECTIVE. Copyright law collides with scientific progress. While the evolution of science is based on the public dialogue among human beings, copyright law has increasingly reduced space for free discussion paradoxically when humanity can count on the most powerful technology - the Web - to strengthen and extend human communication. European Union copyright policy appears to be shaped by strong commercial interests and less inclined to foster the progress of knowledge. The EU Copyright Digital Single Market Directive adds another complicated piece to the legislative puzzle that is threatening the evolution of science. This policy should be of concern not only to scientists but also to citizens and companies that are dedicated to technological innovation. Without an autonomous, free and public (open) science there will not be democracy, neither cultural progress, nor technological innovation. From this perspective, the discipline of the exceptions and limitations concerning scientific research based on Text and Data Mining does not resolve, but on the contrary aggravates the conflict between science and copyright law. EU policy appears more and more con- tradictory, on the one hand it strengthens intellectual property, on the other it declares to promote open science. These are irreconcilable goals.