Re: websites: public vs private information?

From: David Swarbrick <david[_at_]swarb.freeuk.com>
Date: Mon, 12 Jun 2000 07:05:20 +0100

On Wed, 7 Jun 2000, Robert Cumbow <rcumbow[_at_]grahamdunn.com> wrote:
>
> On Tue, Jun 06, 2000, John Lederer <johnl[_at_]ibm.net> wrote:
> >
> > This does raise an interesting question. Let us say the year is
> > 2010. I say to my computer -- "sexy blonde", "handsome hero",
> > "usual cliches", "motorcycles, jet planes", "revealing clothes",
> > and "evil villain of a politically safe minority". Poof. My
> > computer spits out a screenplay for "Mission Impossible 38 -- the
> > Sequel".
> >
> > Who is the author? Me? The software author? The software seller?
> >
> > For that matter when I do a web search today, carefully crafting my
> > search terms, specifying the priorities of the results, and sending
> > the request to one of those sites that in turn send the request to
> > multiple search engines, I receive a series of hits. Who is the
> > author of the page with the hits on it?
>
> That IS an interesting question. You run a search, get a hit list,
> and decide to reprint that hit list in an article you publish. The
> search portal comes after you for copyright infringement. The hits
> are mere facts, of course; but someone owns the copyright in the
> selection and arrangement. Whose creative process resulted in the
> original expression? The search engine's programmers, or you, or
> both? Not both, because joint ownership requires that both parties
> must have intended that their separate contributions merge to create
> a joint work. So it's you or them. Who wins?

In Europe we now have a database right which does protect this kind of property.

-- 
David Swarbrick, Solicitor. Computer and Internet Law and Contracts
david[_at_]swarb.freeuk.com T: +44(0)1484 722531 F: +44(0)1484 716617
Law-index of 11,100+ case summaries at http://www.swarb.co.uk/
Received on Mon Jun 12 2000 - 06:07:07 GMT

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