Maybe researchers could negotiate a license for commercial data that would allow others access to the data for review or reproduction purposes at a reasonable charge, but not for use as the basis of new claims.
It would never happen, people would steal/share the data. Remember researchers (specifically in academia) are typically short on cash, and will cut corners whenever possible. The good ones (a majority in my experience) won't cut corners when it comes to the integrity of their data though.
Has anyone seen a deal like this before?