[LEAPSECS] Olsen database taken offline
Clive D.W. Feather
clive at davros.org
Fri Oct 7 06:14:52 EDT 2011
Ian Batten said:
>> The merits of the case seem weak to me, since database do not have copyright protection. Facts cannot be copyrighted any more than a telephone book.
> It's not as simple as that in EU law, and it appears not to be in US law. See http://www.bitlaw.com/copyright/database.html --- the test for information being copyrightable is high, but not unattainable.
That page is a bit behind. There was a cluster of ECJ cases about the sui
generis right. For a start, the right only applies where there is a
substantial effort in creating the *database*; the effort involved in
creating the *data* doesn't count. And what's protected is the collection
or a substantive part of it, not individual items of data.
Clive D.W. Feather | If you lie to the compiler,
Email: clive at davros.org | it will get its revenge.
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