Re: copyrighting of numbers

Bob Stock <bstock[_at_]ucla.edu> wrote:
>
> Terry's conclusion is a fair one because even though Feist never even
> mentioned the word "database" in its decision, if a physical database
> has nothing but facts in it, it is unprotectable by copyright.

I have to disagree with Bob Stock's characterization of Feist and databases. As Terry notes, his remarks are limited to "a database of the kins at issue in Feist." This reframes the problem as determining what sorts of databases are in fact of this kind. I don't believe that the test is whether the database has "nothing but facts in it."

Unlike a hardcopy alphabetically arranged telephone directory, the creation of a physical (computerized) database requires quite a number of creative decisions even after the complete set of raw data has been identified, and independent of the particular data values loaded into it. For example, consider a relational database with a SQL interface. What tables/relations should be included? How much normalization should be done? What access tools (search forms, etc.) will be provided? What security policies will be implemented? The list of decisions the database implementer has to make goes on and on, and is the subject of text books and courses in the art of database design. The labor in these decisions isn't protected, but the originality is. Since the creator of the database has to make so many original decisions, I see no reason why the result can't be copyrighted. I'd expect a court to rule in favor of the creator of the database if the issue were one of copying the physical database (or substantial portions of its design), but in favor of the user if the issue were one of extracting the underlying data and copying that.

The interesting issue here, though, is that the two are closely connected. Let's assume that the user doesn't have access to the raw data from which the database was loaded. If a user applies the output forms provided with the database to extract data, the particular selection and arrangement of data that the form generates is determined by the database implementer. At what point can the user really say that she has purified her output so that it contains "just the facts, ma'am."?

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