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 <[email protected]> wrote: > > > On 9 February 2010 10:37, David Murn <[email protected]> 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. 7. 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 information: (but not if it is computer generated, it must have an author)
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