Re: US Supreme Ct "Feist" Decision

>Timothy Arnold-Moore <tja[_at_]kbs.citri.edu.au> writes:
>>
>> Carl Oppedahl wrote:
>> While the courts of countries outside of the US might choose to follow
>> Feist, nothing forces them to do so. Perhaps copyright practitioners
>> in countries outside the US might wish to comment; I have the
>> impression that many countries of Europe continue to protect "sweat of
>> the brow", for example.
>
> There is no way that UK law will show any interest in Feist. There are
> continual issues arising around this type of issue, but it is settled
> and clear that we will protect much more than you.
>
> I do not like it, and it leads to some nonsense (the present intended
> database directive), butit will not go away.

Brazil seems actually to follow the idea of giving to the "sweat of the brow" some value regarding Copyrights, i.e., here, Droit du Auteur, which is, for some reasons, a different pereception.

In my opinion, the Feist holding is not such a big deal here, outside the U.S. borders. As many others holdings from american Courts, even as they may have influence in a long term, on the long effort from the U.S. to create a somehow "even playfield' regarding IP in countries like Brazil while enforcing dumping practices in similar fields. All that for the harmonization lie.

Although i can see the idea behind Feist, I really do not appreciate it and worth enforcing in other countries.

Dirceu Pereira
<dpsrosa[_at_]ax.ibase.org.br> Received on Tue Nov 07 1995 - 14:52:37 GMT