IP Protection and Sharing for Big Data: Conflictsand Coordination

Keywords： big data; IP protection; data sharing; conflicts; coordination

1 Introduction

Nowadays， big data develops rapidly， mainly in business. It is widely used in daily life， but mostly for private use.However， much of the data is of public interest. Big data is of vital importance to society as a social resource and to thecountry as an important strategic resource， even closely related to national security. Laws and regulations pertaining tobig data are not sound and efficient now. Big data are scarcely distinguished from public interest to private interest intheir usage to create economic interests， which causes data abuse among a large amount of data of public interest andeventually leads to the loss of motivation for creating big data. There are conflicts between the exclusivity of IP protec?tion for big data and big data sharing.

Data sharing and its disclosure play a vital role in the development of big data. Firstly， the development of the dataindustry is inseparable from data sharing and disclosure， and it is a gradual process. The collection， processing， and rec?ollection of data are carried out in a free environment. In the Internet era， data is more of a public resource， that can beobtained by anyone in need， except for reasons of public security or personal privacy. The free access and exchange ofdata are the reasons behind this fast-growing big data industry. Secondly， the value of data lies in its sharing and open?ing. Data are of non-exclusivity， external economy， and natural monopoly. The non-exclusivity nature of data is reflect?ed in the fact that big data can be copied at very low prices or even without causing any loss. The same data can be usedby multiple subjects simultaneously without causing any conflicts. However， we should notice that data are not absolute?ly non-exclusivity[1]. The non-exclusivity of data is only possible because data can be shared through computers withoutbarriers. But because of the balance of interests， fair competition， and other reasons， big data with market value is oftenmonopolized， endowed with exclusive rights by laws， or collected through technical measures by big data collectors.Such monopolization isn't merely to protect the interests of one party but to protect those who can obtain the maximumsocial and public interests after balancing relevant interests. The development of big data is ultimately based on dataopening. Data has an external economy[2]， and the compatibility of data is directly proportional to the number of times da?ta is used. The more widely used， the higher the availability of data， and the less difficult it is to conduct comprehensiveanalysis with other data. For an industry like big data that needs to compare and analyze a large amount of data， ofcourse， the consistency and comparability of data are the most important， while highly compatible data are generated forpublic use， which depends on the disclosure and sharing of data and information. In addition， information disclosureand information sharing are also very important to our society. Since big data is used to analyze micro problems frommacro perspectives， its results have not only commercial value but also public value， reflecting social and scientificproblems.

The creation of big data is a result of creative intellectual property， requiring intellectual devotion. From the per?spective of utilitarianism， the creators of big data should be granted certain IP rights， in order to stimulate the ongoingcreation. However， IP rights， as an exclusive right and monopoly right that have priorities over others， conflict with thepublicity of data. Due to the rapid development of information network technology in recent years， our daily life hasbeen inseparable from the network and the data industry has been developing rapidly. Meantime， the relevant legal sys?tem in China has not been established yet， which leads to difficulties in determining the rights and obligations of dataproducts and in resolving disputes arising from data products. This situation intensifies conflicts between public andprivate interests and also severely hampers data sharing and its reuse.

2 Conflicts Between IP Protection of Big Data and Data Sharing and TheirCause

With the continuous development of big data technology and its increasingly prominent role in the social econo?my， big data has given birth to many new interest groups and interest relations. Big data protection faces the conflicts ofdata monopolization and sharing， security and opening， integration， and cultural diversity， which also makes it difficultto mediate the conflicts between big data-related subjects. Thus， it is hard for the intellectual property system to bal?ance the relationship between rights protection and data sharing.

2.1 Data Exclusivity and Data Sharing

Since the very first emergence of knowledge products， conflicts between data exclusivity and sharing have beenraised. The modern intellectual property system has designed different legal provisions for different intellectual proper?ty objects by taking into account the proprietary property rights and public interests of the right holder. When the intel?lectual property system cannot deter subjects from using exclusivity rights to violate public interests， other legislation，such as the Anti-Unfair Competition Law， appears， serving as supplements that help promote the balance between dataexclusivity and sharing. It not only ensures that the right holder can benefit from the property rights granted by the lawbut also restricts the right holder from violating the public domain when exercising his rights. From a legal point ofview， big data rights holders have invested a lot of money and manpower in the collection， storage， and analysis of bigdata information， playing the core role of data value mining. They should enjoy the benefits brought by big data andhave control over the data[3]. When other entities want to obtain and use big data information， they must obtain the con?sent of the big data rights holder and pay the corresponding consideration

However， as a knowledge product under the new business form， big data involves more complicated interests. Bigdata not only involves the legitimate exclusivity interests and public interests of the big data rights holders but also in?volves the prior rights and data information rights of others. Big data is protected through conventions and intellectualproperty laws. The TRIPs Agreement protects data through copyrights. It states that \"compilations of data or other mate?rial， whether in machine-readable or another form， which because of the selection or arrangement of their contents con?stitute intellectual creations， shall be protected as such\"①. The EU's Database Directive protects big data as special da?tabase rights， which apply to any database that requires a \"substantial investment\" to assemble or maintain. In China，in addition to the Civil Code and the Anti-Unfair Competition Law， big data protection is also stipulated by the Person?al Information Protection Law and other relevant laws. On the one hand， big data protection needs to be restrained bylaws; on the other hand， big data also brings challenges to the application of the aforementioned laws[4]. However， bigdata rights holders use data without paying any price. At the same time， although big data belongs to intangible proper?ty， which is difficult to control in theory and practice， the right holder has strong control over big data information. Onthe one hand， big data depends on the cloud computing platform. Obtaining big data requires not only great capital in?vestment but also sufficient technical support. Compared with other intellectual property objects， big data rights hold?ers need to invest more. On the other hand， although big data exists in cyberspace， the right holders are able to re?strain one's access to the cloud computing platform through technical methods， which greatly reduces the possibilityof infringements on big data. Therefore， although big data is an intangible object， the data rights holders still get to enjoyexclusivity and dominance rights over it. Unlike patent rights， which require claims and specifications for others toread， big data doesn't need to draft those kinds of descriptions. Big data is also different from copyrights because worksprotected by copyrights can be copied freely. Besides， big data isn't the same as trade secrets that need to be known toa certain range of people in order to obtain relative rights. Thus， it is almost impossible for others to access big data ifthey do not have sufficient infringement motivation and hackers' technical ability. To some extent， in a well-run mar?ket competition environment， the possibility of big data being infringed on is relatively small. More often， the rightsholders of big data can enjoy the innovations brought by big data only by ensuring the reliability of the cloud computingplatform. Therefore， it is difficult for the public to expect the big data rights holders to voluntarily give up the data andinformation interests they have firmly grasped. In addition to that， since big data needs to be collected through a specif?ic data source， the collected data needs to be stored on the website or app and then processed through the cloud com?puting platform. However， due to the restrictions on the rights holders of big data， other entities in the big data industryare not opposed to capturing the data disclosed on other people's websites or apps through web crawler technology.This is because， as a public product， the data itself should be guaranteed to flow as freely as possible. Considering thefierce data competition， the rights holder of data information has no reason to expect to continue to monopolize publicdata information.

However， this does not mean that others can crawl the data from websites or Apps at will. If the data is protectedby certain technical barriers or is banned from the Robots Exclusion Protocol because certain \"crawling\" is not al?lowed， big data rights holders still enjoy the rights to the data on the website or App， and this has also been recognizedby judicial practice. On August 7， 2014， Beijing No. 1 Intermediate People's Court made the first instance judgment onthe unfair competition dispute caused by Qihoo's violation of the robots agreement in the process of operating the 360search engine by capturing and copying the data from Baidu without authorization and then generating snapshots for itsusers. In the judgment， the court clearly stated that \"the Robot Exclusion Protocol is recognized as the business ethicsthat should be observed within the search engine industry\". Finally， the court supported Baidu's demand for compensa?tion for their economic losses[5]. In addition， in the Sina v. Maimai case announced by the Beijing Intellectual PropertyCourt at the end of 2016， based on the fact that Taoyou Co. violated the agreement②， through an open API collectingand using the information of Sina Weibo users besides their education and professional data， the court finally deter?mined that Taoyou Co. violated the recognized business ethics and that its behavior constituted unfair competition.

Therefore， it can be seen that under the new big data format， there is an unequal relationship between big datarights holders and the public. Although big data depends on the mass information provided by the public， the users' in?terests as the main big data source are often ignored by data rights holders， and the data interests originally belongingto them are privately occupied by the big data rights holders. Advanced big data technology and related applicationsmake the public， including a wide range of data information users， have a particularly strong demand for knowledgeopening and sharing[6].

Therefore， with the gradual development and implementation of big data， the relationship between the interests in?volved in big data will become increasingly complicated. The contradiction between data exclusivity and data sharingwill intensify and the problems within the competition law will rise. Operators with data advantages set up barriers forother entities to enter the market by using technical barriers， etc. However， in the absence of legal restrictions on bigdata rights holders， the competitive advantages of right-holders will only become stronger and stronger， which will ag?gravate the formation of an oligopoly market. Facing the monopolistic behavior of big data rights holders， others mayhave to bear legal liabilities for damaging the competitiveness of big data rights holders by \"crawling\" to obtain theirbig data.

2.2 Data Security and Data Opening

Compared with common data and its collection， big data， by analyzing massive amounts of data in real time，can grasp the needs of users， provide targeted services for specific users， and bring considerable economic benefitsto big data rights holders. In contrast with traditional information technology， big data has profoundly changed thedevelopment of human society. Driven by big data， more subjects can make in-depth analyses and inductions of themassive information in a certain field and then draw logical development conclusions. As ordinary people， they no longerneed to spend much time studying the professionalknowledge ofa certain field or learning any complicated tools.They canevenomittheintermediatethinkingstepandactualizescientificdecision-makingusingbigdatatechnology：avoidthepos?siblerisksintheinnovationprocess，discoverthewealthhiddenbehindthedata，andthenobtaineconomicbenefits.

Therefore， the emergence of big data has reduced the cost and difficulty of social innovation. With the rapid devel?opment of big data technology， innovations not only demand big data but also need to obtain more information， whichrequires a higher level of data sharing for big data rights holders. On the one hand， big data is valuable because it re?lies on the massive amount of information provided by the public. Anyone in the network can be the source of big data，while big data rights holders need to pay nothing when collecting data information， ignoring the interests that everyoneshould have. On the other hand， unlike physical objects， data generates value and creates wealth in the process of dis?semination and implementation. Only by ensuring data opening and sharing can we realize the sustainable develop?ment of big data and meet the needs of social and economic development. In the long run， big data is meaningful onlywhen it can contribute to the development and improvement of humankind. With data information increasingly becom?ing an important strategic resource and competitive factor， free data flow will become important in future social devel?opment. Any monopolistic behavior in data will impact the stability of the economic market and cause social unrest. Inthe modern intellectual property system， more emphasis is placed on balancing the interests of the right-holders andthe public. The system protects the interests of right-holders based on their intellectual products and also ensures thepublic has access to the intellectual products.

However， the emergence of big data has broken the balance between rights holders and the public. Without payingany money， the big data rights holders can enjoy others' prior rights and the benefits the data has brought. Requiring ahigher level of data sharing from the big data rights holders is tantamount to asking the big data rights holders to volun?tarily give up a part of their interests. Indeed， big data rights holders often refuse to give up on the interests they seemto easily get. In order to get as much exclusive access to data as possible， they often make the excuse of protecting datasecurity and decline to disclose the data to the public. Sometimes they even suppress competitors under the pretext ofensuring the safety of data， just to maximize their interests. Besides， the protection of user information and data securi?ty faced by the release of data cannot be ignored. Although developing and analyzing data can bring economic value tothe right holders， it does not only have economic attributes. Each piece of data in the network is a footprint left by theInternet user. It has had a unique personal feature since its generation and more or less reflects the user's personal pri?vacy. Moreover， data also has obvious public-interest attributes related to national security. In fact， since the informa?tion age， all kinds of sensitive data have become more and more transparent. With the continuous progress of big datatechnology， the utilization and analysis abilities of big data have gradually improved. The infringement of sensitive datainvolving users' personal privacy and national security interests will only become more covert and diverse. Once a databreach occurs， its consequences are more unprecedentedly difficult to remedy than ever.

At present， most sales have begun to turn to accurate marketing based on big data[7]. For example， platforms willformulate targeted advertising campaigns according to the user's search information， age， region， gender， etc. Manywebsites or Apps will ask for the user's permission in different ways， such as pop-up windows， before providing servic?es to users so that the websites or Apps can continuously collect various data related to users during their use. Howev?er， most users may not carefully read the specific description in the license and agreement during actual use. Even ifthey do not register and log in， the website or App can still collect the user's behavior data through the unique identifi?cation code of the mobile phone. In addition， the cloud computing platform has become the first choice for the public tostore data and information because of its convenience in storage and use， higher expansibility， flexibility， and cost per?formance. However， whether it is an ordinary individual user or an enterprise， the cloud computing platform is not cho?sen for its security， but it is more flexible than private networks such as local area networks in the past. However， al?though the cloud computing platform has distinguished advantages in terms of data security， it cannot guarantee abso?lute security. While the data generates new value through the cloud computing platform， it is also a target for illegal or?ganizations， super hackers， or APT attacks. For example， an organized cybercrime gang targeted Google and about 20other companies that use APT tools. An employee of Google clicked on a malicious link in an instant message， causingGoogle'snetwork to be infiltrated for several months and data from various systems to be stolen[8]

Except for possible external attacks， the cloud computing platform， serving as a tool， also makes it difficult foremployees who are responsible for its operation and maintenance to avoid the risk of mistakes. Once the cloud comput?ing platform has data leaks or the data is maliciously tampered with by others in the transmission or is lost due to equip?ment failure or program vulnerability in the cloud storage， irreparable consequences and complex legal disputes will becaused. In 2018， Tencent Cloud， which boasts itself of having nearly 100% data reliability for providing \"three copystorage，\" lost all the data stored in the Tencent cloud server by CNC technology. Due to disk errors and two nonstan?dard operations during data migration， the aftermath could not be retrieved[9]. Regardless of the amount of final compen?sation， for a start-up company like CNC Technology already faced with entrepreneurial obstacles and risks， the conse?quence is unsurmountable. Once the data the company relies on gets lost， it will not only disrupt the company's devel?opment strategy but may also directly cause the start-up to die in the cradle. Hence， the main appeal of CNC Technolo?gy Co. is still trying to find the lost data as much as possible because it is invaluable

In addition， the rapid development of the big data industry has greatly stimulated the demand for data and informa?tion trading. The collection， analysis， and utilization of data have gradually become the core processes of enterprise op?erations. In this process， the commercial value of personal information has also become increasingly prominent. In theimplementation of big data， targeted and accurate advertising is the most well-known among the public. With itsunique characteristics of \"accuracy\" and \"personalization\"， accurate advertising based on big data is establishing aclose relationship with each Internet user[10]. However， data commercialization does not manifest merely in the prosperi?ty of the big data industry on the surface but also in the threat of violating personal privacy and other sensitive informa?tion. Although the rise of data information trading promotes the development of the big data industry， due to unclearlegislation， inconsistent industrial standards， etc.， the big data trading markets lack effective supply， which ultimatelyprovides a hotbed for illegal data information trading. The black market of underground data trading continues to grow.Illegal collection， theft， and utilization of users' personal information are relatively rampant. Large enterprises general?ly will not choose illegal means to collect and use users' personal data in order to maintain their business reputation.However， for small and medium-sized enterprises just starting up， it is hard for users to hope that they can adhere tobusiness ethics and not participate in illegal data and information trading.

Hence， it can be seen that although people call for more extensive data opening and data sharing in the informationage， facing the current situation of the hardness of data control， people pay more attention to the protection of sensitivedata， which also narrows the sphere in which people can really claim their rights， causing big data rights holders to beafraid of data opening. In addition， the cloud computing platform itself still has risks of data leaks and loss. Without ex?plicit requirements by law， we could not expect the right holders to be willing to share data at the risk of infringement.

2.3 Data Integration and Data Diversity

The fundamental purpose of intellectual property protection is to promote social and cultural prosperity. The maingoal of the intellectual property system is to protect cultural diversity. However， in an age of globalization， informatiza?tion， and digitization， data information transmitted in the network is transmitted at a very high speed， which brings cul?tural communication and changes. By using the Internet， people can easily interact with different cultures and valuesand form a universal identity towards those values by understanding and integrating them

All the data is closely related to people's lives and contains deep cultural deposits. In the past， data informationhas shown its fragmentation state in the internet space. If people want to fully and deeply understand the situation be?hind data information， they must spend a lot of time searching for relevant data and then integrating it. Nowadays， bigdata has become an effective way for people to integrate data. Because of its advantages in data mining， screening， andanalysis， big data is the first choice for people to obtain data information and maintain cultural diversity. Facing the in?formation flood in the age of big data， by using big data， people can easily promote highly efficient data integration.Even in a world of unrelenting cultural changes， people can still ensure the efficient dissemination of culture and theiteration of cultural products in real-time. With the help of the internet and big data， people can easily get in contactwith other cultures and values. Then， by understanding and integrating that information， people can form their own rec?ognition of universal values. Put this way， data science， and data technology have had a great impact on people's wayof life， production， thinking， and so on， and eventually promoted cultural change[11]. In fact， by using big data， manyenterprises have integrated a huge amount of complex and diverse data information in the network space， which helpsthe algorithm accurately locate users， innovate cultural communication methods， and develop new cultural products.

However， big data's influence on the integration of data information is not entirely conducive to the maintenanceof cultural diversity. On the contrary， it also has negative effects on cultural diversity， which we cannot turn a blind eyeto. First of all， in the big data era， the cultural audience subject is in danger of disappearing[12]. As mentioned earlier，compared with traditional approaches， big data has significant advantages in integrating data information and has in?creasingly become the first choice for enterprises in the development， production， and marketing of cultural products.With the strong support of big data， cultural products show a trend of rapid growth. Enterprises can reclassify users intodifferent categories by using integrated data information to create various cultural products tailored for different groupsand improve the efficiency of cultural transmission.

Unfortunately， although the convenience of data and information integration brought by big data has indeed im?proved the matching degree between users and cultural products and realized \"targeted\" cultural output， it has stifledthe possibility of cultural innovation at the same time， which is going against culturally sustainable development. Sinceentering the big data era， the advantages of implementing big data in literary and artistic creation have been discoveredand widely used. Thus， literary and artistic creation have entered a time of \"data craze\"[13]. Besides， because some com?panies have also added more fuel to the fire， data use is no longer limited to simple reference. Rather， many peoplehave blindly followed what the data shows them. Based on this， many enterprises no longer depend on the intelligenceof artists when developing cultural products but are completely guided by data information and mechanically spreadcultural value according to the \"instructions\" of big data. The public's cultural consumption tendency is mastered pre?cisely by enterprises through thorough data analysis. The cultural product that the public received was also stereotypeddue to targeted delivery， which made people lose their freedom of choice. They can only consume cultural consumptionaccording to the recommendation through data integration， which greatly inhibits the enthusiasm and possibility of con?sumers seeking cultural consumption diversification. It is different from the original intention of maintaining culturaldiversity. In this case， the quality of cultural products depends largely on the accuracy of big data， and it is inevitablethat in the cultural market， both good and bad will exist. How to deliver culture more quickly and conveniently， insteadof cultural diversity， has become the new focus of cultural transmission and cultural development.

Moreover， in the process of integrating data， data screening may damage cultural diversity. In fact， maintainingcultural diversity requires not only the coexistence of different cultures but also a diversity of cultural transmission andexchange approaches. However， data integration through big data has led people to form a single mode of thought. Peo?ple often depend on data screening to make their choices for cultural information， which not only damages the diversityof cultural transmission and exchange methods but also restricts the reclassification of data information. Much culturalinformation has also been ignored because it doesn't get emphasized in the data integration. In reality， big data， the col?lector of data information， has highly integrated modern data information but also absorbed a large number of tradition?al technologies， national customs， and other traditional cultures. However， after further data analyzing and filtering， bigdata only presents to their consumers and users the data with the most economic value， which they hope will result in aunique cultural product. The historical stories， humanistic care， and other information behind the traditional culture，however， have been filtered out and do not get fully displayed in cultural products. Finally， through highly efficient da?ta processing， data information becomes more homogeneous and presents a trend of \"cultural modernization\". The tradi?tional color once carried on by the data has completely disappeared. As time goes by， cultural products with traditionalculture will become pure commodities， and their value in inheriting and developing traditional culture will be shelved.The historical tradition of cultural products will face the risk of being forgotten

It can be seen that data information is now highly centralized because of big data. While improving the efficiencyof data processing， big data also causes the culture to lose its original development space and become more and moresimilar and identical. To some extent， this damage is even irreversible to human cultural achievements. However， big da?ta's excessive emphasis on the efficiency of data integration is bad for the protection and retention of the data informa?tion related to the culture behind it. Using big data to help protect cultural diversity still faces many problems. Worsestill， because the protection of big data draws more and more attention， it will be harder to protect cultural diversity.

3 Resolutions to the Conflicts

3.1 Give Consideration to Both Social Public Interests and Competitive Interests

Nowadays， the implementation of big data has changed all aspects of society， ranging from daily routines such asonline shopping and communication to business decisions and government management. The Internet's booming devel?opment and the systematic breakthroughs of the new generation of information technologies such as big data， artificialintelligence， and cloud computing indicate the arrival of a new round of scientific and technological revolutions and in?dustrial revolutions. Therefore， the digital transformation characterized by artificial intelligence and big data implemen?tation has become a pivotal way for various fields to explore future development in order to seize the new round of op?portunities[14]. In the short term， the rise of big data will cause problems such as the transformation of traditional indus?tries， a lack of legislative protection， and the abuse of data. With the rise of the big data industry and its organic combi?nation with the traditional industry， big data has brought a wide range of application innovations and is becoming thekey to social innovation and a new round of market competition.

However， since the birth of electronic computers， information technology has become a crucial part of determiningthe market's competitive advantage. The importance of data and information has long been different. As the product ofhuman investment and human labor， its function is to enable people to acquire new knowledge and inspiration from thewidely connected data and improve social efficiency. It is an important tool for relevant market operators to create newmarket demands and obtain competitive interests[15]. Under the new business form of big data， it will discover the valuebeyond the data itself by collecting， processing， and analyzing massive data resources. With the deep integration of bigdata with various fields， industries， and departments， big data information will become a decisive factor in the competi?tion between individuals， enterprises， and countries. Therefore， it can also be said that under this new business form，big data is not only simple information but also information on market competition and benefit distribution.

However， big data protection and competition are now facing unprecedented threats. Data information now playsan increasingly prominent role in market competition， and competition in the data market has also intensified. In orderto maintain competitive advantages， big data operators are more willing to use the data for information related to theirown interests. Many big data rights holders use big data technology to centralize massive data resources and strengthentheir control through technology and other methods. With the growing influence of big data on various social and eco?nomic fields， it will gradually become an important infrastructure， its externality will become increasingly significant，and finally， it will bring incomparable competitive advantages to big data rights holders. Data information that onceshould have been freely disseminated in the network has instead become a tool used by the data rights holders to sup?press competitors. However， the advantage brought by data information does not often directly reflect the dominant po?sition in the market. On top of that， both the traditional property rights system and the competition law paid more atten?tion to protecting the interests of data rights holders. Thus， the existing legal system often makes it difficult to effective?ly regulate the advantage of data information that is detrimental to the overall competitive interests of society. If othersubjects use the relevant data information without permission， it is likely to breach business ethics by violating the de?fault code of conduct within the industry and be ruled by the court as an unfair competition act according to Article 2 ofthe Anti-Unfair Competition Law. Therefore， big data rights holders will try their best to protect their data rights andsuppress others in the market so that they will not be eliminated by the market. Eventually， it is very likely to form afew oligarchs in a monopoly position within the big data market， while others will find it difficult to constantly run theirbusinesses because data resources are seized by monopolists.

However， irrespective of whether there is a good competition environment in the market or requirements for bal?ancing interests by the IP system， the current development of the big data market is not the initial intention of big dataprotection. On the one hand， whether big data is reliable highly depends on the feedback from real-time information.The increasingly advanced technical means aggravate the phenomenon that data rights holders tend to form a high de?gree of concentration on data and keep it confidential. When the data is controlled by a small group of operators， it willnot be able to perform data flow and data currency， and ultimately， the reliability of big data will be severely decreased.On the other hand， big data is not a simple tool but a new business form and mode. When there are operators with sig?nificant competitive advantages in the big data industry， it will impact the implementation of big data as well as all oth?er fields related to the big data area. Moreover， once the big data rights holders form a new business ecosystem usingthe cloud computing platform by providing high-quality big data services， it will influence all the other users and enter?prises who use the services. No matter if it is an individual user， a micro-enterprise that is in its early years of busi?ness， or an enterprise that relies on big data to analyze and develop its business strategy， their data will inevitably becontrolled by the big data rights holder as long as they are using the cloud computing services provided by the big datarights holders. In addition， although the emergence of big data has lowered the threshold for people to make innova?tions， big data rights holders' control over data information has in turn killed off the possibility of others using ad?vanced technology for innovation. As big data rights holders use data to provide relatively high-quality services to thepublic， the public will gradually lose motivation for innovation， giving up the goal of ending the monopoly position ofthe data rights holders. Instead， people would indulge in the convenience brought by big data， which would in turnhave the opposite effect of discouraging innovation. All the consequences mentioned above of allowing big data to de?velop freely will impair the environment of fair market competition and greatly damage social and public interests.

Nowadays， big data has become a national strategy， regarded as the guarantee of enterprise competitiveness andthe basic strategic resource of the country. Since the 13th Five-Year Plan of China， the central government and localgovernments in China at all levels have attached great importance to the development of the big data industry. Chinahas taken it as a major strategic method to cultivate new drivers of economic development， rebuild new industries， andimprove governance capacity to promote the rapid development of China's big data industry[16]. With the deep integra?tion of big data and social-economic industries， big data， depending on its mass information and powerful computingand analyzing capabilities， will have a greater impact on human society and even influence the prosperity of individu?als， enterprises， and the survival of the nation. The race for data sovereignty is not limited to countries. Data technologycompanies have also posed a potential threat to data sovereignty in traditional sovereign countries [17]. When big datarights holders monopolize all the benefits brought by big data， they can exert a huge influence on all operators withinthe market， even in the government and the legislation， so that their own will can become official policies or enshrinedin laws and regulations. Therefore， instead of being controlled by a single private entity， big data should benefit all so?cial entities. To achieve this， in the construction of the big data system， we should fully consider the existing risks ofbig data and the problems that may arise in the future. We should prevent possible adverse effects on the social andpublic interests from happening and utilize laws to guide the implementation and development of big data focusing onpublic interests. Currently， some countries and regions have promoted data sharing at the legal level to balance socialand public interests with enterprise competitive interests. In 2019， the United States officially passed and signed theOpen， Public， Electronic， and Necessary （OPEN） Government Data Act， providing legal protection for data opening inthe U.S. On February 23， 2022， the European Commission issued the draft Data Act， which is intended to promote datasharing among enterprises and between enterprises and governments. It includes details that specify the rights and obli?gations of users， relative third parties， and large and small enterprises in the process of data access and sharing andclarifies the realization of data sharing among enterprises. On May 16， 2022， the European Council formally promulgat?ed the Data Governance Act， which emphasized the role of data intermediaries in the execution of the duty to fulfill da?ta sharing obligations in terms of data utilization

Similarly， although the intellectual property system protects the private rights of data rights holders， it does notmean that private rights can override public interests. On the contrary， the intellectual property system attaches greatimportance to the protection of public interests. One can obtain the exclusive right to property for a certain period onthe premise of disclosing the relevant intellectual products and enabling everyone to learn from and draw lessons fromthe intellectual products. As far as big data is concerned， while enjoying the benefits brought by big data， big datarights holders should also undertake the obligations of disclosing relevant data information， ensuring orderly and faircompetition in the big data market， and promoting breakthroughs and innovations in the big data industry. However，according to the current situation of the big data industry， the big data rights holders can often obtain economic returnsby governing the big data strictly. But right holders scarcely get the motivation to protect public interests due to thelack of supervision of the legal system. Even now， we still don't have a piece of legislation about data ownership in thecurrent legal system. Data leakage causing interest losses for individuals and related parties happens all the time[18].

It is based on this situation that we must pay more attention to the maintenance of social public interests and en?terprise competitive interests in the construction of big data systems in the future. Building social fairness and orderlybig data usage is not only the premise of providing a good environment for the healthy development of the big data in?dustry but also the thorough implementation of the idea of balancing the interests of the intellectual property system.Therefore， in the future big data system construction， we should consider the economic interests of big data right hold?ers and the public interests， including data security and data sharing， as well as the interests that enterprises should en?joy in the market competition to promote the realization of data access and data sharing.

3.2 Handle the Relationship Between Data Security and Data Opening

Since the big data industry needs enterprises to put in massive financial investments and undertake relevant risks，big data rights holders should be entitled to get benefits from using big data， either from the perspective of the law orthe concept of fairness. Moreover， the technical support provided by the cloud computing platform gives the data rightsholders more control over big data information than other intellectual property objects， causing others to lose access tothe relevant information. To ensure the long-term and healthy development of big data and related industries， it is nec?essary to ensure data opening， making the data flow in the network available to the public. Hence， we can use big datato facilitate social innovations and achieve the fundamental goal of intellectual property protection. However， to makeprofits， big data rights holders tend to make use of technology， capital， and other advantages to maintain their marketcompetitive advantages[19-20]. With the slogan \"protecting data security\"， they privatize the existing effective data. How?ever， this behavior of controlling data and monopolizing the market is legally supported. If a person uses data withoutthe permission of the data rights holder， they will be suspected of damaging the security of the data and will have totake on tort liability according to relevant laws. Big data rights holders will become the dominators of the market. Theywill influence the development process in social and economic fields， equaling or exceeding the public authority. Even?tually， it is hard to realize data opening.

It is true that every market subject has the obligation to ensure data security. However， data security could not beused as an excuse for big data rights holders to deny data access. Consequently， the key to the construction of the bigdata system is to limit the data rights holders' control over the big data so that their control dynamics will change from\"absolute control\" to \"limited control\"， ensuring the \"deep sharing\" of the data information， and finally achieving thebalance of data interests between the big data rights holders and the public[21]. In addition， ensuring deep data sharingis of paramount significance in the generation and development of big data and is also the basic guideline that shouldbe followed in construction. So， it is necessary to handle the relationship between data security and data opening in or?der to achieve a balance between \"limited data control\" and \"deep sharing\" of big data.

In this regard， on the one hand， the legal system must make it clear that the copying and dissemination of certaindata by other subjects do not constitute any infringements on the data rights holders. As for big data rights holders， theyhave injected significant capital and taken huge risks to invest in big data， so their labors should get recognition. There?fore， once the data is protected under a closed system by data rights holders using technical means， data rights holders'rights to the data information should be respected. As for those who are not specifically declared or protected by anytechnical means， others can also obtain the same data from public cyberspace or through web crawlers. On the otherhand， the obligation of big data rights holders to open data information must be legalized in the law. \"In the construc?tion of the data governance system， open exchange and sharing of data are the premises of the construction of the bigdata industry， which is particularly important at the current stage\"[22]. Big data rights holders should not only ensurethat users are aware of the data collection and storage but also ensure that users can obtain certain economic returnsfrom the data collection， storage， and circulation. In 2018， the European Union （EU） unveiled the General Data Protec?tion Regulation （GDPR）， which clarifies the principles that must be adhered to when collecting and processing personaldata， including the principles of legality， fairness， transparency， and purposefulness. On November 14 of the sameyear， the EU passed the Regulation on the Free Flow of Non-personal Data， which fully respected the data sovereigntyand security of the EU member countries and also removed the barriers to accessing non-personal data within the EU

As it should be， encouraging data sharing does not mean putting data security at a secondary level. On the con?trary， data security is the basis of data opening. Without ensuring data security， big data collection and transactionswill be difficult to continue. In this regard， China should strengthen the construction of technical facilities， improve re?search and application of key basic technologies in the field of data security， and promote the industrial infrastructurecapacity of data security， ensuring the security and reliability of data infrastructure and technology. Besides， we shouldestablish and perfect laws and regulations related to data security， strengthen the responsibility of data platforms for in?formation management， and clear the liability of specific individuals so as to provide strong legal support for data secu?rity. Article 33 of the Data Security Law in China emphasizes that the approaches used to collect data should be legiti?mate and justified. In the following Article 36， the law has widened its application for supervising data usage overseasin order to prevent other countries or overseas organizations from getting access to our data information randomly. Like?wise， other countries and regions have attached great importance to data security. The EU has given EU residents theright to control their personal data in the General Data Protection Regulation （GDPR） and has clearly stipulated re?quirements for enterprises concerning personal privacy protection. On June 3， 2022， the draft of the American Data Pri?vacy and Protection Act was officially released， striving to establish a strong legal framework at the national level toprotect consumers' data privacy and security.

Therefore， in the future， during the process of constructing the big data system， \"limited data control\" and \"deepdata sharing\" will be important guidelines for big data protection. In order to achieve this， the legislature and law en?forcement departments need to give consideration to both data security and data opening. While fully ensuring data se?curity， we also need to make sure enterprise data information is open to a certain extent so as to realize the efficientflow of data information and make data play a greater role without dampening the enthusiasm of data rights holders toinvest and innovate.

3.3 Put into Practice the Principle of Protecting Cultural Diversity

The emergence of big data has profoundly changed the social landscape. All fields and industries are inevitablyimpacted， and new modes of thought and business models emerge at the same time. The cultural industry has also beenaffected. Compared with traditional approaches， big data not only achieves the digitalization and visualization of cultur?al products' development， production， and marketing during the whole process but also learns users' preferencesthrough analysis and calculation based on massive data and improves the efficiency of cultural transmission and the ac?curacy of decisions. However， the advantage of big data lies in its unparalleled speed and accuracy brought by the hugeamount of data rather than its ability to think and innovate on scientific discovery. It is a \"double-edged sword\" for thedevelopment of the cultural industry. On the one hand， big data is used as a technical means to facilitate the productionof cultural industries， promote cultural products， and help consumers find cultural products they love. On the otherhand， big data also inhibits producers' desire to create cultural products. In the view of product manufacturers， the useof big data technology is sufficient to accurately locate and even predict the preferences of the public so as to achievean accurate match between cultural products and cultural consumers. In this process， cultural products have not beenendowed with any innovation， and the cultural background behind them has also been ignored under data screening. Inthe long run， in order to obtain huge profits， producers of cultural products will only be willing to produce popular com?modities instead of investing money and time in some unsought and obscure cultures. Consumers' choices will also belimited to a narrow preference recommended by big data， and cultural diversity will also be destroyed.

Therefore， for big data protection， more attention should be paid to the research of big data's positive and negativeeffects on the cultural industry. We should implement the principle of protecting cultural diversity in the whole processof big data technology utilization and find the beneficial value of big data in cultural innovation so as to reduce the neg?ative impact of big data. Big data protection also needs to emphasize the reshaping of mass culture， to ensure the pub?lic's right to allow the usage of their data. Finally， big data can be used as an important carrier for mass culture cre?ation， dissemination， and development rather than just a \"filter\" for data information. Under the impact of big data， thesubjectivity of mass culture faces the risk of being dissolved. In the era of big data， the development of emerging mediahas profoundly changed the status and role of the public in cultural production and transmission. While concentratingmassive amounts of data， big data also helps make data available to the public. Moreover， the public is no longer limit?ed to a group of certain cultural consumers. Instead， any subject has the opportunity to become a producer and dissemi?nator of data， information， and cultural products. Therefore， in the process of big data protection， the cultural rights ofthe public need to be fully guaranteed. Article 27 of the Universal Declaration of Human Rights clearly stipulates that\"Everyone has the right freely to participate in the cultural life of the community， to enjoy the arts， and to share in sci?entific advancement and its benefits\". \"Everyone has the right to the protection ofthe moral and material interests re?sulting from any scientific， literary， or artistic production of which he is the author\"

However， the realization of the public's right to self-determination of data information is hindered. The public'sfree choice of cultural products is being silently hampered by the producers of cultural products using big data technol?ogy. Therefore， it is extremely urgent to implement the principle of informed consent for big data protection. Culturalconsumers should be fully aware of the usage of data technology and should be endowed with the right to decide wheth?er to use data screening for cultural products， which is also a prerequisite for the realization of public cultural rights. Inthis process， individuals cannot prevent enterprises from reasonably using big data to analyze their data. However， thedata information is closely related to the public， and its usage is intertwined with the protection of consumers' legiti?mate rights and interests.

Based on this， it is necessary for the legislature to promulgate relevant laws and regulations to guide the usage ofbig data and thus improve the legal system for unfair competition laws. Besides， we also need to ensure consumers'rights to know about the use of big data by enterprises and whether to accept it. On top of that， the big data industryneeds to strengthen its construction of self-discipline mechanisms so as to avoid the infringement of public rights andensure the dominant position of the public in cultural creation.

When facing the situation of data and information integration threatening cultural diversity， while protecting bigdata， we should also emphasize big data users' obligations and responsibilities in protecting culture and big data's posi?tive influence in maintaining cultural diversity. In fact， protecting cultural diversity is at the same time safeguardingthe public's cultural rights. In summary， big data itself does not damage cultural development or cut off cultural inheri?tance. On the contrary， big data has great potential for the protection of traditional culture. As with previous research inthe humanities and social sciences， it was subjected to a limited amount of information， time， and space. So， the re?search was difficult to cover all aspects. The emergence of big data has significantly improved the efficiency of data in?formation collection and the accuracy of analysis in research， facilitating researchers to explore cultural information inthe integrated data information， not only reducing research costs but also effectively improving the objectivity of human?ities and social sciences research

Based on this， in the process of big data protection， it is necessary for government departments to extend the pro?tection of traditional culture from the real world to the online virtual space， making full use of the intellectual propertysystem to protect China's national and folk cultural heritage. It is also necessary to encourage enterprises to activelyparticipate in government cooperation and to fully use big data to build a data resource library of traditional culture inorder to be sure that the traditional culture will not suffer any losses during the data process， including data analysisand screening. We should also take into account that the current legal system of intellectual property rights still has le?gal loopholes in the protection of traditional culture. Many cultural industries are unwilling to take the social responsi?bility of protecting traditional culture and randomly use traditional cultural achievements， putting traditional cultureunder the threat of being distorted and abandoned. The legislature also needs to further improve China's intellectualproperty protection system as a legal defense line for the protection of traditional culture and the foundation for the sur?vival of cultural diversity. Only by adhering to the principle of protecting cultural diversity can big data play a morepositive role in the cultural industry.

4 Conclusion

In the past， when people judged whether information was valuable， they would only consider its content. However，other relevant information that can be referred to in the judgment is limited， which makes a lot of the data judged to beworthless and discarded. In the era of big data， any data has potential value. It is no exaggeration to say that future eco?nomic and social development is based on the universal application of big data technology. Data has become the engineof economic innovation and transformation and an important resource for all enterprises to compete in the market. Theorder of data utilization is expected to become the first order in a future society[24]

On the one hand， in the big data era， the legal system should recognize the dynamic participation of big data in so?cial and economic activities and the costs and risks the rights holders face in order to obtain competitive advantages.Thus， the rights holders should be protected to have reasonable economic returns. Data being supplemented， added，and deleted by the rightful owner， are very different from the scattered data in open cyberspace. On the other hand， thelegal system should still unswervingly adhere to the principle that big data belongs to public resources， and we shouldnever make information the private property of individuals. Therefore， in the protection of big data， the rightful ownercannot be granted data ownership. Instead， we should limit the right holders' control over big data within the intellectu?al property system so that big data could present more of its original public resource attributes. We should ensure thefree dissemination of data and protect the property rights and interests of the right holders. So， instead of circling thepublic domain from the big data rights holders' rights and interests， it would be much better to clear and definite therights and interests that should belong to data rights holders from the public domain.

In order to safeguard the basic interests of the rights holders and the free utilization of data in the public domain，intellectual property law should proscribe a limited exclusive right for big data protection. This can not only meet thepractical needs of the development of the big data industry but also consider publicly available data in the future. More?over， it can also provide development opportunities for legal protection.