[Aust-NZ] OSM Licensing - [was Fwd: RE: Aust-NZ Digest, Vol 36, Issue 8] [SEC=UNCLASSIFIED]

[Francis Markham]

On 8 September 2010 13:58, John Smith <deltafoxtrot256 at gmail.com> wrote:

>
> Also I was told by a lawyer locally that the phone book case is still
> going through the appeal process.
>
>
It is, although only to a full-bench of the federal court.  The recent IceTV
vs Channel 9 case at the High Court is instructive here (read the case at
http://www.austlii.edu.au/au/cases/cth/HCA/2009/14.html or for a sumamry
see  http://www.abc.net.au/rn/lawreport/stories/2009/2560086.htm ).  The
judges found that there must be:

some "creative spark"*[197]<http://www.austlii.edu.au/au/cases/cth/HCA/2009/14.html#fn197>
* or exercise of "skill and
judgment"*[198]<http://www.austlii.edu.au/au/cases/cth/HCA/2009/14.html#fn198>
* before a work is sufficiently "original" for the subsistence of copyright.



The Yellow/White Pages case (currently being appealed) was concluded on the
basis that similarly, no such creative spark existed.  We'll have to wait
and see what happens in the appeal, however.

-Francis Markham
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