On Sat, Mar 1, 2008 at 5:11 PM, John Wilbanks <<a href="mailto:wilbanks@creativecommons.org">wilbanks@creativecommons.org</a>> wrote:<br><div class="gmail_quote"><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">
I got a question from the list, did some research, and herein present<br>
the answers. That's it - as Steve noted early in this, IANAL, and<br>
arguments about the law between non lawyers can be as absurd as<br>
arguments about geospatial nodes between lawyers... <br></blockquote><div><br>I appreciate the effort you have gone to. It would be helpful if you could elaborate on the reasons why each of these lawyers came to the conclusions they did.<br>
<br>My suspicion is that you asked about GPS traces, whereas we are concerned with geo-data that is derived, manually, from an aggregate of GPS traces, aerial photography, human observation and a tad of cartography. Theses are two very different animals. Can you confirm which of these your answer pertains to?<br>
<br></div><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">
<br>
I suggest you sit down with some lawyers and pose these questions<br>
yourself - it's what I did, and I got the answer that you don't like.<br>
Apologies for that, but it's what (including one geospatial scientist<br>
who is also an attorney) the research turned up.<br>
<div class="Ih2E3d"></div></blockquote><div><br>I appreciate that you are just the messenger in this, but it appears to me from your responses so far that we've just been playing chinese whispers.<br><br></div><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">
</blockquote><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;"><div class="Ih2E3d"><br>
> Ignore all the facts and focus please on just the non-factual, creative<br>
> easter eggs. Suppose someone creates a series of fake streets with fake<br>
> names (suppose that they all rhyme, just to make sure that they pass muster<br>
> as creative elements - although the criteria is generally considered to be<br>
> very low). If this collection of rhyming fake names is published then it<br>
> will be copyrightable.<br>
<br>
</div>They will not necessarily be copyrightable. I again strongly suggest you<br>
talk to a lawyer about this and see what you find, rather than engaging<br>
me in argument. I posed this as a pretty generic query and got a strong<br>
set of answers back, and I talked to people with whom I quarrel about<br>
the law and freedom - just those with whom I agree - and the answer was<br>
unanimous.<br>
<div class="Ih2E3d"><br>
> Agreed, Feist v Rural is irrelevant here. The fake entries were just used<br>
> for copy detection, they played no part in the case.<br>
<br>
</div>Actually, I'm told it is indeed relevant here. The case considered<br>
whether or not the entire compilation was copyrightable, including the<br>
fake entries, which could very well have been rhyming or whatever you<br>
want them to be in terms of creativity. The entire compilation was found<br>
to be non copyrightable. That places the most important precedent of<br>
modern copyright law squarely on the side of easter eggs being<br>
irrelevant to copyright - and whatever you or I think of the wisdom of<br>
that, that's the precedent.<br>
</blockquote><div><br>The fake entries in Rural's directory were random phone numbers. There was no claim that they were creative works. If there had been then it would have set a precedent, but the ruling rested solely on a consideration of copyright in the directory as a collection of facts.<br>
<br>Indeed, if you read the case summary then you'll see that it does acknowledge that a directory containing fact *can* be copyrighted if the selection and arrangement is novel or creative (although the facts themselves cannot). But in this case, a listing of telephone numbers, it failed on both these counts/ there was no selection, one of the conditions of Rural's monopoly was that they were required to include *every* phone number/ and the arrangment was not novel either - alphabetical order was considered to be obvious and unoriginal.<br>
<br>80n<br> </div><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;"><br>
Again, this is what my research turned up. Jordan, can you jump in here<br>
and give an educational viewpoint?<br>
<br>
jtw<br>
</blockquote></div><br>