Re: Feist (was Re: [IFWP] Re: DOJ investigating NSI)

[Martin B. Schwimmer]

>
>This is a subject of debate also for "derived works copyright" and
non-original
>databases but where the database compiler (here, NSI) can prove that it added
>value to the database -- for example, by increasing it due to active sales
efforts.

When the Feist case is discussed, it's holding is usually summarized as
"this case holds that copyright law does not protect the sweat of the
brow."  So active sales efforts has no effect.  Law students who only read
the Cliff Notes version of copyright law know that much.  So there is no
debate on this topic in the law.

Now if you mean "added value" to be creative effort - enhancements in
storing and presenting data, that's protectable.  NSI's software for
utilizing the whois database, that is theoretically protectable.