On 5 August 2010 21:25, 80n <80n...@gmail.com> wrote: > The test for copyrightability is some amount of creativity. Case law > suggests that this can be very minimal. Rather than looking for what is > factual and thus not copyrightable, let's look for what is.
That's not correct across all systems of intellectual property law, the threshold differs depending on jurisdiction and subject matter. For example when the threshold for computer programs was harmonised in the European Union some (most) jurisdictions had to lower the bar whereas we (may) have raised it. The same is probably true of copyright in databases. That's one of the reasons why the turn of debate this thread has taken is particularly sterile: different systems approach these questions in entirely different ways and from fundamentally different philosophical starting points. -- Francis Davey _______________________________________________ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
