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If anyone should be punished, it's the lawyers who enabled them to persist in this course of action. Perhaps basic facts can't be copyrighted, but sometimes co

If anyone should be punished, it's the lawyers who enabled them to persist in this course of action. Perhaps basic facts can't be copyrighted, but sometimes collections of facts are given some protection. The telephone directory is a classic example. Given the sincerity of the apology, I think it was a honest mistake and a welcome example of the legal system working the way it should. At least after EFF is on the case. We should go donate to them. Right now.

bhickey 15y ago
You have your example backward. Feist v. Rural held that telephone books are not subject to copyright. Just because something was laborious to compile does not make it copyrightable. http://en.wikipedia.org/wiki/Feist_v._Rural http://en.wikipedia.org/wiki/Feist_v._Rural
- marshray 15y ago
  Yes, good point.
- carbocation 15y ago
  In the US. In Europe, the law differs. Specifically, 'sweat of the brow', rejected by Feist in the US, is a factor in Europe: http://www.bitlaw.com/copyright/database.html#directive http://www.bitlaw.com/copyright/database.html#directive
- looperator 15y ago
  Well, many formats of telephone book are copyrightable, particularly the "yellow pages" portions, where selection and arrangement into categories are applied, meeting the "de minimis thought needed to withstand the originality requirement". http://www.copyright.gov/reports/dbase.html http://www.copyright.gov/reports/dbase.html Many other collections of pure fact will meet those criteria as well.
rhizome 15y ago
The telephone directory is not a classic example, but there is some controversy over the copyright claims on regional building codes and WestLaw's legally-citable database of court cases.
nmridul 15y ago
This would be a good time to start a site that publishes the lawyer's that come up with such cases. That would at the least shame some of them from taking up such cases in future.

bhickey 15y ago

You have your example backward. Feist v. Rural held that telephone books are not subject to copyright. Just because something was laborious to compile does not make it copyrightable. http://en.wikipedia.org/wiki/Feist_v._Rural http://en.wikipedia.org/wiki/Feist_v._Rural

marshray 15y ago
Yes, good point.
carbocation 15y ago
In the US. In Europe, the law differs. Specifically, 'sweat of the brow', rejected by Feist in the US, is a factor in Europe: http://www.bitlaw.com/copyright/database.html#directive http://www.bitlaw.com/copyright/database.html#directive
looperator 15y ago
Well, many formats of telephone book are copyrightable, particularly the "yellow pages" portions, where selection and arrangement into categories are applied, meeting the "de minimis thought needed to withstand the originality requirement". http://www.copyright.gov/reports/dbase.html http://www.copyright.gov/reports/dbase.html Many other collections of pure fact will meet those criteria as well.

rhizome 15y ago

The telephone directory is not a classic example, but there is some controversy over the copyright claims on regional building codes and WestLaw's legally-citable database of court cases.

nmridul 15y ago

This would be a good time to start a site that publishes the lawyer's that come up with such cases. That would at the least shame some of them from taking up such cases in future.