Reply #52: Data belongs to the contractors [View All]

To get the data, we can't be leaning on Mitofsky and Edison.

From what I understand, this is work for hire. Under contract, these guys do not own the data but merely the methodology by which they collected it; on this assignment, they worked for the big media. "Work for hire" means that the finish product belongs to the guy who paid the salary -- ask any writer/artist for hire, or any computer programmer, or any other sort of contract worker.

The big media owns the data. No matter one's personal opinion of the value of "work for hire" ethics in this situation, Mitosfky could justifiably be sued for breach of contract by sharing data without express permission of his contractors. (Similar case: Doctors and lawyers sharing information about their patients/clients without permission; even if it's done for a good reason, they could lose their practice.)

So I'd say lay off him. If we're going to get the data early at all, then the big media has to release it. They own it. It's their fault that the data has not yet been released. And if they're going to bother to give Mitofsky "permission to release," then they might as well release it themselves and save a step in the middle.

Mitosfky's not really part of the loop here. Leaning on him isn't going to change anything. Talk to the people who paid him for his time.