Re: What am I doing wrong?

From: Bill Unruh (unruh_at_string.physics.ubc.ca)
Date: 10/13/04


Date: 13 Oct 2004 05:50:40 GMT

Tim Haynes <usenet-20041012@stirfried.vegetable.org.uk> writes:

]Paul Lutus <nospam@nosite.zzz> writes:

][snip]
]>> How on *earth* can you copyright tide data? It's a fact of nature.
]>
]> Please remember I am quite annoyed at the UK Admiralty Office as I explain
]> that a specific set of field observations is copyrightable, and, in turn,
]> the set of Fourier coefficients derived from the field data (which is how
]> one predicts tides these days) are also copyrightable. It is a matter of
]> recovering the cost of obtaining the data in the firsat place.

]I would be inclined to refine that view, to suggest that it's a matter of
]doing *work* that gives you the copyright; whether you choose to recoup the
]cost thereof is a matter of licensing thereafter.

]But then again, IstillANAL. :)

]>> Seems the law must change to stop this sort of exploitation occuring.
]>
]> This isn't so egregious as some abuses. After all, the Fourier
]> coefficients represent an efficient distillation of many hundreds of
]> hours of effort in the field, per site.

]It doesn't sound like an abuse to me at all. Do work resulting in some
]objective representation of IP, will have copyright. If you don't want to
]pay to use it, negotiate special rates or do the work yourself.

No, the work must be creative work. It cannot be a mere compilation for
example. And with sufficient creativity, the amount of work needed need not
be very great.
The question is a) whether creativity went into the creation of the work,
and b) whether there exist other ways of representing the idea that that
work represents. Ie, if it can be shown that there is only one way of
representing the idea, then it is AFAIK not copyrightable.



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