It all smells rather fishy, which is why I sent a note to the EFF, http://eff.org. Because this sounds like something up their alley. TZ database is a public service to the whole world. If anyone knows anyone that actually works at the EFF, you might point this case out to them, I only used their general "information" mail alias. On Fri, Oct 7, 2011 at 4:24 AM, Clive D.W. Feather <clive@davros.org> wrote:
Robert Elz said:
All I know of the lawsuit is what jhawk's message indicated - eventually I assume we'll find out what trademark or patent that someone believes is being infringed (a little hard to believe either, but who knows...)
It's a copyright case. The claim is that the tz database copies Astrolabe's books and database.
This isn't my jurisdiction (my legal expertise, such as it is, is in Scottish law), but from what friends tell me, the questions will be:
(1) Is Astrolabe's material copyright? You can't copyright facts, only the way they are expressed. However, selecting specific facts from the mass that are out there, organizing them, and presenting them *can* constitute enough to be copyrightable. There are tests for this - the telephone directory isn't copyrightable in the USA because there's no authorship involved: it just lists every single phone number (except unlisted ones).
(2) Did Olsen and Eggert *copy* the material. Unlike patents, it's perfectly acceptable to independently create the same material or independently select and organize the same facts, so long as it is independent.
(3) If both of the above are true, is there an exemption from copyright such as "fair use" (which is a technical term).
Note that the statements in the various files saying they are public domain does *not* make them so. That might protect someone who copied the files in good faith, but it wouldn't protect the people who put them together in the first place.
-- Clive D.W. Feather | If you lie to the compiler, Email: clive@davros.org | it will get its revenge. Web: http://www.davros.org | - Henry Spencer Mobile: +44 7973 377646
-- Dale Harris rodmur@maybe.org rodmur@gmail.com /.-)