"The basic facts are these: Ice TV compiles a TY program guide that subscribers can use to record TV shows. (Once a program has been recorded, subscribers are able to fast forward ads in 30 second blocks.) The Nine Network believes that Ice TV has breached its copyright by creating a TV program guide that looks like its own. Accordingly, Nine has sued Ice TV for copyright infringement and is seeking a permanent injunction and unspecified damages."To the surprise of most legal commentators IceTV actually won at first instance but it seems that the federal court has overturned that decision on appeal; and the case is to be sent back to the original judge to reconsider her opinion. A quick scan of the opinion indicates the court felt that the judge at first instance had misinterpreted some technicalities in the application of the facts to the law; but splitting hairs on the interpretations of providing intellectual property protection to compilations of facts just ignores the elephant in the room - why is copyright protection being allocated to compiliations of facts in the first place?
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Thursday, May 08, 2008
IceTV
There's been an interesting copyright case going on in Australia, Nine Network Australia Pty Ltd v Ice TV Pty Ltd., dealing with copyright protection in compilations of facts. Under Australian law, copyright can effectively subsist in a compilation of factual information if enought effort is put into collecting, verifying, recording and assembling the data. So there's a kind of "sweat of the brow" test. This is a much broader protection that even the EU database directive provides; and such compilations are not protected under US law, according to the defintive US Supreme Court case Feist Publications Inc. v Rural Telephone Service Co., 499 U.S. 340 (1991), dealing with extent of copyright protection available to telephone directory white pages.
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