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Re: GNU Free Database License

From: John Hasler
Subject: Re: GNU Free Database License
Date: Thu, 21 Sep 2006 14:40:09 -0500
User-agent: Gnus/5.110006 (No Gnus v0.6) Emacs/21.4 (gnu/linux)

Anas R. writes:
> Thus, dictionaries/databases can generate a value, so it deserves
> copyright.


> Actually, I think the subject to copyright isn't creativity (or
> effort/time/money) but the value that generated by this creativity (or
> effort/time/money).

Not in the US:


§ 102. Subject matter of copyright: In general

(a) Copyright protection subsists, in accordance with this title, in
original works of authorship fixed in any tangible medium of expression,
now known or later developed, from which they can be perceived, reproduced,
or otherwise communicated, either directly or with the aid of a machine or
device. Works of authorship include the following categories:

(1) literary works;
(2) musical works, including any accompanying words;
(3) dramatic works, including any accompanying music;
(4) pantomimes and choreographic works;
(5) pictorial, graphic, and sculptural works;
(6) motion pictures and other audiovisual works;
(7) sound recordings; and
(8) architectural works.

(b) In no case does copyright protection for an original work of authorship
extend to any idea, procedure, process, system, method of operation,
concept, principle, or discovery, regardless of the form in which it is
described, explained, illustrated, or embodied in such work.

Thus creativity is an essential element.  Without it you have nothing that
copyright can protect.  There is a great deal of case law confirming this,
in particular Feist v Rural
John Hasler
Dancing Horse Hill
Elmwood, WI USA

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