The court first reviewed the relevant law regarding
the copyrightability of electronic databases.
RD contested the validity of the copyright by citing the ruling in Feist regarding
the copyrightability of MLS compilations.
«If the Court reports its views to the jury on
the copyrightability of the declaring code and SSO, and indicates that the jury hung in the first trial, it will be tantamount to calling the Court as a witness.
Not exact matches
If you read it on the internet, it passes the first test
of copyrightability (having a fixed form).
On appeal, the Court
of Appeals for the Federal Circuit disagreed with regard to
copyrightability and held that the declaring lines
of code and their structure, sequence, and organization were copyrightable and sent the case back here for this trial on fair use and, depending on that verdict, for damages and other relief.
Oracle's lawyers essentially argue that jurors will place more faith in Judge Alsup's assessment (as they see him every day) than in that
of an appeals court that is a few thousand miles away and won't appear in San Francisco to explain why Judge Alsup got the
copyrightability part completely wrong.
«Because we conclude that the declaring code and the structure, sequence, and organization
of the API packages are entitled to copyright protection, we reverse the district court's
copyrightability determination with instructions to reinstate the jury's infringement finding as to the 37 Java packages,» Federal Circuit Judge Kathleen O'Malley wrote in the judgement.
In Feist, the Supreme Court refused to extend protection to the white pages in a telephone directory because the selection and arrangement
of facts in that compilation lacked the minimal degree
of creativity required for
copyrightability.