Maybe the confusion is about the Non-Original Databases? http://www.wipo.int/copyright/en/activities/databases.html
>From the WIPO FAQ: [...] How are copyright and related rights protected on the Internet? Two treaties were concluded in 1996 at the World Intellectual Property Organization (WIPO) in Geneva. One, the WIPO Copyright Treaty (WCT), deals with protection for authors of literary and artistic works, such as writings and computer programs; ****original databases****; musical works; audiovisual works; works of fine art and photographs. The other, the WIPO Performances and Phonograms Treaty (WPPT), protects certain "related rights" (that is, rights related to copyright): in the WPPT, these are rights of performers and producers of phonograms. [...] http://www.wipo.int/copyright/en/faq/faqs.htm >> > You may be right but I suspect that some people could claim "sui >> generis" >> > and that we would only find out in court if they had a case. >> >> Luckily for me, the biggest and most important of the data sets is in >> the >> US, which doesn't recognize database rights. > > I am surprised to hear this. Database works are mentioned in Article 5 of > the > WIPO copyright treaty and the WIPO copyright treaty has been incorporated > into US law by the WIPO Copyright and Performances and Phonograms Treaties > Implementation Act (part of the infamous dmca). Now I am neither a lawyer > nor > an exprt on us or common law, but from this, I reckoned that databases are > protected in the US. Can you give me some reason why you think it is not > like > this? You may well be right, I am interested in learning. > Btw, for my understanding the compilation of all queries entered into on a > website never forms a database in the sense of the wipo copyright treaty, > because it has not been created by somebody deliberately, but by accident > without a creative intention. So I think such a collection is not > protected > anywhere, for my understanding. > Last thing: If there is no declaration on the BindingDB site that the > query > data are in fact public, I would be very carefull to publish the data. > Apart > from the legal side (where the absence of some sort of license does not > mean > that anything goes, but the contrary, even if many people don't understand > this), I would consider it a gross misuse of the trust users put into a > (scientific) website. > Stefan > > ------------------------------------------------------------------------------ > Live Security Virtual Conference > Exclusive live event will cover all the ways today's security and > threat landscape has changed and how IT managers can respond. Discussions > will include endpoint security, mobile security and the latest in malware > threats. http://www.accelacomm.com/jaw/sfrnl04242012/114/50122263/ > _______________________________________________ > Blueobelisk-discuss mailing list > Blueobelisk-discuss@lists.sourceforge.net > https://lists.sourceforge.net/lists/listinfo/blueobelisk-discuss > ------------------------------------------------------------------------------ Live Security Virtual Conference Exclusive live event will cover all the ways today's security and threat landscape has changed and how IT managers can respond. Discussions will include endpoint security, mobile security and the latest in malware threats. http://www.accelacomm.com/jaw/sfrnl04242012/114/50122263/ _______________________________________________ Blueobelisk-discuss mailing list Blueobelisk-discuss@lists.sourceforge.net https://lists.sourceforge.net/lists/listinfo/blueobelisk-discuss
