[talk-au] repurcussions of IceTV decision

Liz edodd at billiau.net
Wed Feb 10 19:33:06 GMT 2010

On Thu, 11 Feb 2010, David Murn wrote:
> On Thu, 2010-02-11 at 00:20 +1100, Alex (Maxious) Sadleir wrote:
> > On Tue, Feb 9, 2010 at 11:48 AM, John Smith <deltafoxtrot256 at gmail.com> 
> > > On 9 February 2010 10:37, David Murn <davey at incanberra.com.au> wrote:
> > >
> > > Except copyright law in Australia since the IceTV ruling is unlikely
> > > to cover simple databases of fact.
> >
> > Just to reinforce this point, a case concluded today asserted that
> > Telstra/Sensis no longer have copyright for the Yellow and White Pages
> > Databases specifically in light of IceTV. There had been a previous
> > case involving those datasets concerning a company called Desktop
> > Marketing Systems (no prizes for guessing why they would like to rip
> > off phone books) that had subsisted for several years with the view
> > that copying the whole phonebook (even when presented in a different
> > form) was copyright infringement.
> Based on this same argument, could someone grab the OSM data files,
> change a couple of tag names and legally be able to sell it as their own
> product with their own (now seemingly useless) copyright on it?  After
> all, every single piece of OSM is technically a matter of fact, not
> creative ability or anything else.
> Just curious what floodgates this decision could open, both good and
> bad.
Haven't got far through the judgement so far but this sounds quite clear.
The Copyright Act does not protect facts, ideas or information contained in a 
work, to ensure a balance is struck between the interests of authors and those 
in society: IceTV [2009] HCA 14; 254 ALR 386 at [28] and the cases cited 
therein. The Copyright Act does not provide protection for skill and labour 
alone: IceTV [2009] HCA 14; 254 ALR 386 at [49], [52], [54] and [131].
and 8.
The Copyright Act protects the particular form of expression of the 
(but not if it is computer generated, it must have an author)

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