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Re: [ontolog-forum] Copyright in Taxonomies: Leading case in US law (ADA

To: "[ontolog-forum]" <ontolog-forum@xxxxxxxxxxxxxxxx>
From: Matthew West <dr.matthew.west@xxxxxxxxx>
Date: Fri, 29 Oct 2010 22:05:04 +0100
Message-id: <AANLkTinRUy76a_4JCcLA3uNDxhB_8TwTdXf99BzLZzYG@xxxxxxxxxxxxxx>
I think you have that just right.
Regards
Matthew West    (01)

On 29/10/2010, Ali Hashemi <ali@xxxxxxxxx> wrote:
> I thought I had a handle on this, but the more people respond, the hazier
> the picture becomes.
>
> For clarity, would it be accurate to interpret the ruling as meaning:
>
> If some legal agent uses vocabulary V to codify a taxonomy. Then that
> taxonomy, *using* vocabulary V is copyrightable.
>
> Now, given that copyright law extends only to the expression of an idea and
> not the idea itself, then one would not be in violation of the (c) on the
> taxonomy(+V) to codify the taxonomy using a novel vocabulary, V2 - where
> perhaps there is a trivial 1-1 mapping between each element in V and V2? And
> consequently, the onus on 'protecting' the underlying theory or system of
> relations of the taxonomy falls to patent law.
>
>
> Or am I interpreting the Idea-Expression divide incorrectly and the new
> taxonomy(+V2) would in fact be considered a derivative of the former(+V)? If
> so, at what point (if at all) would a non-trivial mapping make the new work
> not a derivative?
>
> Thanks,
> Ali
>
> On Fri, Oct 29, 2010 at 2:16 PM, sean barker
> <sean.barker@xxxxxxxxxxxxx>wrote:
>
>>
>>
>> To throw further darkness on this discussion, it is clear that individual
>> words are not copyrightable, but a whole novel is. Similarly, I would
>> assume
>> that an individual classification statement such as "Socrates is a man" or
>> "All men are mortal" would be uncopyrightable, however that a complex
>> system
>> would be. Further, there is a distinction between the publisher's
>> copyright
>> on the form of a text, but that is separate from the author's copyright of
>> the text itself - for example, Shakespeare is out of copyright, but that
>> does not give me the right to photocopy a recently published edition of a
>> Shakespeare play.
>>
>> The question therefore is, at what point does a classification system
>> become copyrightable? (in the sense of an author's copyright, rather than
>> a
>> publisher's copyright) Or better, at what point does a collection of
>> classification statements become a copyrightable system? And at what point
>> does the overlap of one system with another become an infringement of
>> copyright? This question may become more vexed by the way that at some
>> level, the many individual statements of classification will be statements
>> of the obvious.
>>
>> A further complication is that in an ontology, one defines the set of
>> differentia between classes (the properties of the class) on a class by
>> class basis, and therefore one can infer the class
>> hierarchy without explicitly stating it. It would be an interesting
>> discussion as to whether an inferred classification system which is
>> identical to an explicit classification system are comparable in copyright
>> terms.
>>
>> Sean Barker
>>  Bristol, UK
>>
>>
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>
>
>
> --
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>
> (`'.(`'.().').') .,.,
>    (02)

-- 
Sent from my mobile device    (03)

Regards    (04)

Matthew West
http://www.matthew-west.org.uk/    (05)

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