Distortion DA --- overlap causes protection collapse --- turns the case

(Peter K. Yu. Professor of Law, Professor of Communication, and Director, Center for Law and Intellectual Property, Texas A&M University, “Data Producer's Right and the Protection of Machine-Generated Data,” pg online @ https://scholarship.law.tamu.edu/facscholar/1318/ //pa-ef)

When overlaps arise, the proposed right could lead to regime clashes and overprotection.271 Such clashes and overlaps, in turn, would undermine the protection offered in preexisting intellectual property regimes, especially in relation to their limitations, safeguards, and flexibilities.272 If these overlaps are to be avoided, commentators have suggested the need for preemption tools.273 As Hugenholtz observed, "The only way to prevent the data right from becoming an all-encompassing 'super-[intellectual property] right' would be to categorically exclude all data that (possibly) represent subject matter protected under traditional [intellectual property] regimes: not only copyright, the database right and neighboring rights, but also design right and perhaps patent law."274