It occurs to me, albeit as a layman with little knowledge of the real processes of law in and out of the courts, that there is a common pattern to high-profile law cases. If the objective is for A to win over B, then it is:
So what's odd in the whole Nine versus IceTV is that Nine has done this:
I'm sure the legal minefield starts well back at the start of that previous paragraph, and so I defer to Kim Weatherall and other experts, but when courts start handing down legal judgements that imply that almost any information is copywritable by someone makes the whole existence of facts in the public domain highly tenuous. Can someone copyright my name? My address? Do I somehow own a copyright to my particular choice of phone number and address that means that Telstra owes me money every time they print a phone book? (Note here that when it came to moving house most recently, I was given the choice of a couple of numbers by Telstra and I chose the one I liked - therefore, it wasn't Telstra's creative input that determined my phone number, it was mine.) If someone uses the word "PaulWay" in a way that I don't like, and I've been using it since 1992 and therefore have 15 years of established usage to back it up (again, having chosen that name creatively), can I sue them for copyright infringement without ever having to register it as a trademark? And if it's a copyright infringement, do I get those penalties that the APRA and ACA and so forth have fought for - penalties that are much worse than if it was just a defamation or trademark infringement case? Can you go to prison for creating a post-it note that copies your bus timetable or a person's phone number?
Yes, I know, it's all wild speculation. But this whole judgement feels completely at odds with how people really think about facts and raw information. While I respect the old style of directory compilation, to me it still doesn't equate to a monopoly on the information so collected. The whole "sweat of the brow" protection - that the labour itself makes it enough to be protected - doesn't wash with me, especially in a world where facts, information, opinions and news wash over us almost continually.
Anyway, back to my point. I think that Nine has, in their attempt to get their way in the short term, actually meant that IceTV will triumph in the end. By presenting a case based on such a skewed interpretation of the Australian copyright laws as they apply to facts and information, they've opened it up to the High Court leaning in the opposite direction and blowing Nine out of the water (and, I'd say, causing a considerable re-evaluation of the Desktop Systems vs Telstra case).
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