Robert Gurwin and Bruce Hayden have grappled with Feist's interpretation. One way of looking at Feist is that is always compels the asking of: "How did you assemble the claimed compilation?" If selectively, with elements of judgment and deliberation, you probably have "expression" and hence copyright. If mechanistically, automated or by what I call brute force, you more likely have mere factual assembly and no copyright. So, it turns as much on the method of assembly as on the nature of the items assembled.
Jamie Powers
IP Policy and Counsel
Wilkinson Barker Knauer
<jpowers[_at_]wbklaw.com>
Received on Tue Apr 25 2000 - 17:48:29 GMT
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