Currently,there are three theoretical issues in the research of data elements:unclear classification of data,uncertain source of data value,and ambiguous definition of data elements.These factors directly affect the further development and utilization of data elements.The present study categorizes data into economic and noneconomic types,with economic data further divided into technical information,business information,and user-generated content.Data elements correspond to business information in trade secrets,which is essentially a market supply and demand signal.The process of capturing and recording information requires human labor but is unproductive;therefore,the supply and demand signal itself does not generate labor value.From the operational perspective of the data elements,their transmission in circulation accelerates capital cycles,whereas their use in production saves capital input.For data elements,if they meet the three constitutive requirements of"confidentiality,""value,"and"secrecy,"relevant provisions on trade secrets can be applied to protect them.
关键词
劳动价值论/交易机会/拟制物权/经营信息
Key words
Labor Theory of Value/Trading Opportunity/Real Right in Fiction of Law/Bussiness Information