4 ms·

Doesn't profile data count as _creative works_ as opposed to facts, licensed by the users to OKC?

• Animats 10y ago
  Justice O'Connor in Feist: "Many compilations consist of nothing but raw data -- i.e. wholly factual information not accompanied by any original expression. On what basis may one claim a copyright upon such work? Common sense tells us that 100 uncopyrightable facts do not magically change their status when gathered together in one place. … The key to resolving the tension lies in understanding why facts are not copyrightable: The sine qua non of copyright is originality." OKCupid is a collector, not an creator.
  • scotty79 10y ago
    I think the point was that users are creators (of at least parts of their profiles that are not factual information) and OKCupid is their publishing platform of choice.
    • Animats 10y ago
      Even if there's originality, OKCupid isn't the creator, though. They at best have a non-exclusive license for the user's text. That doesn't give them DMCA rights.
      • scotty79 10y ago
        Doesn't it give each individual user DMCA rights?