[Osmf-talk] New license change proposal status

Emilio Anzon emilio at anzon.it
Sat Dec 5 14:05:12 UTC 2009


On Sat, Dec 05, 2009 at 10:47:59PM +1000, James Livingston wrote:
> 
> On 05/12/2009, at 8:54 PM, Richard Fairhurst wrote:
> > The Nine Network case, which I presume is the High Court ruling you're 
> > referring to, only deals with copyright protection. It essentially 
> > reaches the same conclusion as Rural v Feist in the US; facts are not 
> > worthy of copyright, and nor is trivial arrangement (TV listings and a 
> > phone book respectively). ODbL was written in full light of Rural vs 
> > Feist so should withstand Nine Network v Ice TV just as well.
> 
> The previous High Court ruling on this kind of thing, Telstra vs Desktop Marketing, ruled that a phone book _was_ protected by copyright here - because under Australian law gives databases their own copyright independent of the copyright covering the contents of the database. At a high level it's vaguely similar to EU database rights in that it's a right that covers an overall database, but the details are very different.
> 
> The Nine Network vs IceTV ruling was about what "substantial" meant in relation to that database copyright, and is made more complicated because IceTV was sourcing their data from places other than the Nine Network tv guide as well. Exactly how much of Desktop Marketing got over-ruled is something that no-one really knows because we haven't seen any fallout in lower courts yet, and lawyers are divided on what they think will happen.
> 
> 
> CC-BY(-SA) could protect the contents of a factual database in Australia, however whether it practically does due to the definition of "substantial" is something we can't know until we get more court rulings.
> 

But remember that NOT ALL countries are ruled by _Common_Law_, so even
if we get more court rulings they can be "nothing" for future cases :(
and often I read "EU" as if it were one country ruled by the same laws,
it's not :( unfortunately?!


\Emilio
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