Re: JPL Planetary Ephemeris DE405

[Ben Finney <bignose@debian.org>]

Ole Streicher <olebole@debian.org> writes:

> The exception used here is that facts are not copyrightable. Positions
> and movement parameters of celestial bodies, presented in their natural
> form (to keep the use of JPL-DE data as example) are bare facts. And
> most of research data is just this: facts.

You keep stating this as though it is universally true. It has been
pointed out, in this thread and many times before, that “it's a
collection of facts” does *not* constitute a universal
get-out-of-copyright incantation.

I wish what you assert were true; but it simply is not. For example,
so-called “sui generis” database restrictions recognise copyright in
even collections of brute facts, in many Berne signatory jurisdictions
<URL:https://en.wikipedia.org/wiki/Sui_generis_database_right>.

In jurisdictions like those, where such restrictions are recognised
under law, merely being a collection of facts does not constitute an
exception to general copyright restriction.

Therefore the work is by default restricted by copyright law. Therefore
the work cannot be in Debian without license conditions that satisfy the
DFSG.

> To bring some citations:

Those are, as far as I can tell, statements that *some jurisdictions*
exempt works like these.

That doesn't counter my point, above. There are significantly many
jurisdictions where the work *is* restricted by copyright, that we
cannot assume universal – nor even widespread – exemption from copyright
restriction in this work.

> Is this enough material to claim an exception?

It may be enough to claim an exemption in the USA. Unfortunately for
your case, Debian recipients in other jurisdictions also need to know
the works in Debian are DFSG-free.

You are IMO correct to argue that such works *should not be* restricted
by copyright. But the fight to make it actually true, needs to be taken
outside this forum and fought in those law-making jurisdictions that
continue to restrict collections of fact under copyright.

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Ben Finney