Re: Time zone database suit withdrawn

2012-02-23 Thread Ben Finney
Paul Wise  writes:

> https://www.eff.org/press/releases/eff-wins-protection-time-zone-database
>
> "It's a fundamental principle of copyright law that facts are not
> copyrightable, and Astrolabe should have known that,"

Great to see a corporation admitting that their litigation was mistaken
From the beginning; such an admission is all too rare.

Big thanks to the EFF for this important victory.

-- 
 \   “The most common of all follies is to believe passionately in |
  `\the palpably not true. It is the chief occupation of mankind.” |
_o__)—Henry L. Mencken |
Ben Finney


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Re: Time zone database suit withdrawn

2012-02-23 Thread Francesco Poli
On Thu, 23 Feb 2012 23:39:50 +1100 Ben Finney wrote:

> Paul Wise  writes:
> 
> > https://www.eff.org/press/releases/eff-wins-protection-time-zone-database
> >
> > "It's a fundamental principle of copyright law that facts are not
> > copyrightable, and Astrolabe should have known that,"
> 
> Great to see a corporation admitting that their litigation was mistaken
> From the beginning; such an admission is all too rare.

I agree.

> 
> Big thanks to the EFF for this important victory.

Yes, I also appreciate what the EFF did to achieve this result: it may
turn out being an important precedent...

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Re: Time zone database suit withdrawn

2012-02-23 Thread R. Christopher Harshman
On Feb 23, 2012, at 9:32 AM, Francesco Poli wrote:
> Yes, I also appreciate what the EFF did to achieve this result: it may
> turn out being an important precedent…

Being pedantic, 'cause that's what lawyers do … This case isn't precedental in 
any way. Everything happened at the district court level, which would be at 
best "persuasive" (rather than binding) precedent. But, too, there was no 
ruling. The EFF pointed out a gaping hole in Astrolabe's "case," and Astrolabe 
simply withdrew the complaint and promised not to sue again (an agreement 
between the parties, basically, not a binding Order from a competent Court …). 
Kudos to the EFF for getting this kicked quickly and cheaply, but the precedent 
(that they relied on to get the swift death dealt) was set more than 20 years 
ago, in Feist Publications, Inc., v. Rural Telephone Service Co., 499 U.S. 340 
(1991).