The Types of Enterprise Data and Their Property Attributes:A Research Based on the Standard of Justification of Private Property Rights
The standard of Justification of private property rights includes three constituent elements:"is a thing","labor",and"utility"."Data"mainly has"content-single data","content-assembling data","form-single da-ta",and"form-assembling data"four meanings.Content-assembling data doesn't have distinctiveness,form-single data and form-assembling data don't have usefulness,and individual data in the content-single data doesn't have separability,all of which don't meet the standard of"is a thing",not only does not constitute pri-vate property of enterprise,nor does it constitute property in any sense.From the perspective of social conse-quence,the fact data in the content-single data is not suitable for exclusive domination by enterprise,doesn't meet the standard of"utility",and doesn't constitute private property of enterprise.The fact data constitutes common property,and any subject has the liberty to access it.As part of competitive advantage of enterprise,the data produced by enterprise should be protected by competitive law.