[free-sklyarov] (no subject)

[Karsten M. Self]

on Thu, Oct 04, 2001 at 10:00:19AM -0600, Will Janoschka (wiljan at pobox.com) wrote:
> On Thu, 4 Oct 2001 02:32:17 Karsten M. Self kmself at ix.netcom.com said:
>  >Tree:  short works, phrases, numbers, and functional expression are not
>  >protected by copyright.
> 
>  Why is it then that the FBI and DoJ think that e-books are subject to
>  copyright?  The e-book is just a number, as is anything in your computer,
>  on a CD, or on a DVD.  They are long numbers indeed, but numbers, hence
>  the name digital.                              -will- 

If the number can be taken to represent an original work of authorship,
fixed in tangible medium it can be copyrighted.  Parse the above to be
"short works, short phrases, and short numbers".  Phone numbers fail
under functional expression as well, see particulary Sega v. Accolade
and Sony v. Connectix.

In the 1940s or 1950s, IIRC, a book consisting of intentionally random
(or pseudorandom) sequences was published, and successfully defended
under copyright.  It was original, and consisted of authorship.  A quick
Google search doesn't turn up a reference, but I'll dig harder if asked.

Peace.

-- 
Karsten M. Self <kmself at ix.netcom.com>        http://kmself.home.netcom.com/
 What part of "Gestalt" don't you understand?              Home of the brave
  http://gestalt-system.sourceforge.net/                    Land of the free
   Free Dmitry! Boycott Adobe! Repeal the DMCA!  http://www.freesklyarov.org
Geek for Hire                      http://kmself.home.netcom.com/resume.html
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