In a decision last year, GSI (Geophysical Service Incorporated)
sued to win control over seismic data that it claimed to own. GSI
used copyright principles to argue that by creating databases of
seismic data, it was the proper owner of the copyright in such
data. GSI argued that Encana, by copying and using that data
without the consent of GSI, was engaged in copyright infringement.
That was the core of GSI's argument in multi-party litigation,
which GSI brought against Encana and about two dozen other industry
players, including commercial copying companies and data
resellers. The data, originally gathered and
"authored" by GSI, was required to be disclosed to
regulators under the regime which governs Canadian offshore
petroleum resources. Seismic data is licensed to users under
strict conditions, and for a fee. Copying the seismic data, by any
method or in any form, is not permitted under these license
agreements. However, it is customary for many in the industry