Re: Freaky copyright laws [was: SUN RPC code is DFSG-free]
On Tue, 26 Aug 2003, Arnoud Galactus Engelfriet wrote:
>Branden Robinson wrote:
>> If I recall correctly, U.S. legal tradition was ridiculed for not being
>> grounded on "sweat-of-the-brow" arguments. In actual fact, very little
>> "IP law" in the U.S. appears to be grounded on that.
>If I ridiculed US law for not supporting database rights, I
>apologize. However it is important to realize that database rights
>*are* based on a sweat-of-the-brow argument. And again, since they
>have nothing to do with copyright law, they do not need to be based
>on the Berne Convention, the Copyright Clause or other principles
>of copyright law.
Some comment. Please note, that at least in several
countries (at least Russia, Ukraine, Latvia but, probably, much
more) databases _can_ be copyrightable. As compilations under the
terms of Berne convention (Art 2, p 5). But, only, if they are
"constitute intellectual creations" (the Convention term,
corresponds to "original work of authorship" in the US law) itself.
Of course, there may be _other_ laws (or special articles in
law as for Latvia), which cover all databases, both original and