I agree that IP should be protected but I can bet that some of the more
absurd cases are US based or EU (mainland EU not country specific law such
as English or Scottish here in the UK - we are way more liberal than our
neighbours!)

Nuff said, cf-community.





 




 

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-----Original Message-----
From: Dave Watts
To: CF-Talk
Sent: Wed Jan 17 17:35:44 2007
Subject: Intellectual property (was: RE: My sincerest apologies ...)

> ... it is total nonsense to think that a) you did it out of 
> spite for your own financial gain as we all know you "virtually"
> and otherwise and that b) any of those question which have 
> BOOLEAN answers could ever be considered unique or copyrightable.  
> Any one of us could have built a page with the very same questions 
> and their finite answers to a list/webpage. I would doubt that 
> any court (certainly outside of the US) would uphold a query 
> about you posting the questions unless, as noted you were doing 
> it in direct competition to CF Exam Buster based off its questions.

I don't want to drag this out, but I think it's important for programmers,
who spend their time creating intellectual property, to have a better
understanding of intellectual property than this.

First, motives don't matter. It doesn't matter why you copy intellectual
property, just that you do.

Second, most courts, in the US and the West in general, recognize the
arrangement and formatting of data to be intellectual property. So, while
the use of a single question may be coincidental or may be fair use, the use
of a series of more-or-less identical questions would most likely be
recognized as infringing on intellectual property. There's an abundance of
case law on this topic, actually. Google 'copyright "arrangement of data"'
for all sorts of fun reading. One very interesting case (interesting to me,
anyway) hinged on pagination being added to public domain data!

http://lawlibrary.ucdavis.edu/Lawlib/Nov98/0309.html
http://www.federal-litigation.com/press.html

Dave Watts, CTO, Fig Leaf Software
http://www.figleaf.com/

Fig Leaf Software provides the highest caliber vendor-authorized
instruction at our training centers in Washington DC, Atlanta,
Chicago, Baltimore, Northern Virginia, or on-site at your location.
Visit http://training.figleaf.com/ for more information!




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