Loading ...
Sorry, an error occurred while loading the content.

4099Re: [baseball-databank] Re: Digest Number 1186

Expand Messages
  • Tangotiger
    Apr 10, 2011
    • 0 Attachment
      1. It's important to note that facts are not copyrightable, but the
      arrangements of those facts are, as long as the arrangement is not
      obvious. That is, the original or creative *expression* of facts is
      protected, and not the facts themselves. (Feist v Rural, which is the
      phone book case.)

      2. With regards to the copyright issue, there's always a debate as to
      contract law v copyright law, as to when does one supersede the other.

      So, Pete Palmer could spend all his time collecting factual biographical
      data, and store it in a non-creative manner (like a phone book). And if
      he licenses that data to SABR, SABR may be limited to the contract
      provisions, even if the arrangement of this data itself is not
      copyrightable. Basically, SABR is allowing contract law to supersede it's
      (possible) rights under copyright.

      There is no clear guidelines here, and really, it's up to a court to
      decide on a case-by-case basis.

      I think we can accept that if SABR is going to adhere to the licensing
      terms of the contract, then let's just respect that, for our discussion
      purposes here, that contract law supersedes copyright law. Even if it
      didn't, SABR is not going to challenge it, because they respect the
      contract provisions that Pete has set forth.

      ***

      As I noted earlier, SABR brings to the table:
      1. bio data
      2. non-Retro data
      3. minor league data

      And I think it would be helpful to all the members here to understand the
      limitations of each of those three pieces of property.

      Is the SABR bio committee constrained by whatever deal they have with Pete
      and/or Gary? If so, then that's fine, let's respect that, and move on to
      some other solution. If the constraint is flexible enough that the bio
      data can be licenced to the BDB group, then let's hear what conditions
      would be in place for that.

      And who's the best person to answer that? Is it FX? Is it someone else
      at SABR? Is it whoever is in charge of the Bio committee?

      Tom
    • Show all 12 messages in this topic