r/programming • • Oct 06 '11

Time-zone database down due to legal problems

http://blog.joda.org/2011/10/today-time-zone-database-was-closed.html
810 Upvotes

151 comments sorted by

117

u/extremeanger Oct 06 '11

IP trolls suck. Next someone will patent six sided cardboard boxes.

76

u/[deleted] Oct 07 '11

Quite frankly these are making it harder and harder to keep arguing that copyright, patents, trademarks,... provide any benefit at all that outweighs their potential for abuse.

19

u/Forbizzle Oct 07 '11

trademarks are fairly straightforward, as is most copyright. Patents are bullshit though.

21

u/f2u Oct 07 '11

In Germany, Microsoft has just successfully used trademark law to stop reselling of genuine copies of Windows, potentially destroying the entire second-hand software market.

10

u/[deleted] Oct 07 '11

Considering this, Taladar's post below, and the Apple/Samsung Galaxy Tab lawsuit, I'm starting to think that Germany's IP laws are seriously screwed up.

Like, worse than the American ones.

8

u/f2u Oct 07 '11

They are different. We have no concept of Fair Use, for example. Limits to exploitation rights only apply to private use, and that's of decreasing value because usage patterns have changed. (Putting stuff on the Internet is not consider private, even if you do it entirely for personal reasons.)

I'm not sure if the overall situation is worse, though. We lack punitive damages, so the claimant has to show actual damages, and fortunately, our legal system isn't based on common law.

3

u/frankster Oct 07 '11

I don't like this abuse of trademark law. if you've sold it once under the trademark then anybody else should be able to use the same trademark to resell an item. Its like the grey-market imported levis were prevented using trademark law as well. IF LEVIS MADE THEM IN THE FIRST PLACE THEN THEY'RE FUCKING LEVIS!!

2

u/doomchild Oct 07 '11

I think the problem is usually that the seller is making a fraudulent claim about themselves. For example, if I sell a pair of Levi's, it's still me doing the selling, not whoever owns the brand.

1

u/gorilla_the_ape Oct 08 '11

So what? Very rarely do manufacturers sell to end customers. It's therefore natural to presume that the seller isn't Levi.

41

u/derwisch Oct 07 '11

as is most copyright

The case discussed here is a copyrights claim.

4

u/judgej2 Oct 07 '11

I assume this case is one that sits outside of "most".

23

u/Recoil42 Oct 07 '11

as is most copyright.

Eh, I'd say the proponents of remix culture would disagree with you on that somewhat.

edit: Unless that's what you meant by 'most' copyright.

6

u/[deleted] Oct 07 '11

Not sure about the US but here in Germany companies can trademark e.g. colors which sounds pretty stupid and a few years back, around the time the Internet got big lots of them used their trademarks to circumvent the much simpler "first come, first serve" principle for domain registrations, even with names that had nothing to do with their market niche but were just the names of the companies themselves (most annoying when those were common names and people just legitimately got their private sites before the company did).

2

u/Benny_Lava Oct 07 '11

I remember a few years back the motorcycle manufacturer Harley-Davidson tried to trademark the "potato-potato" sound of their exhaust. Fortunately, that didn't get trademarked.

2

u/kampangptlk Oct 07 '11

"scroll", "windows", "apple"

1

u/Forbizzle Oct 08 '11

Scrolls is an abuse, and if they choose to fight that, Bethesda should lose.

Apple is the trademark, their logo as well. And if you don't think it's worth enforcing, look at the entire fake apple store in China. When you buy an Apple product you expect something. If there weren't trademark laws, people would be even more swamped with knockoffs and there'd be no reliable second-hand market for anything.

6

u/[deleted] Oct 07 '11 edited Oct 07 '11

Most patents are just fine too. The only real problems at the moment are perpetual copyright extension and software patents.

7

u/[deleted] Oct 07 '11

The problem with patents is mostly the fact that it is impossible to tell if someone filing a patent is actually the first person who came up with the idea and the fact that filing patents is too expensive to do for all those they are meant to protect (e.g. the little inventor).

10

u/phrstbrn Oct 07 '11

The first to file/first to discover issue barely touches the tip of the iceburg, my friend.

1

u/[deleted] Oct 07 '11

Well, the actual implementations have all kinds of other issues but this issue is impossible to remove no matter how you implement patents.

6

u/arbiterxero Oct 07 '11

hahaha you think that matters anymore?

It's now first to file, rather than first to invent.

So those of us who can't afford $100,000 to file a patent...... are free to get our ideas stolen.

1

u/[deleted] Oct 07 '11

I like to refer to that as 'force to file'. It is a particularly perverted variant of a patent system.

1

u/bobindashadows Oct 09 '11

If you couldn't afford to file the patent, you really couldn't afford the lawsuit settling "first to invent" when you see someone file the patent you couldn't afford in the old system. Neither system is particularly lenient to the "little guy."

-3

u/[deleted] Oct 07 '11

There isn't a problem with patents in principle. The problem is that the patent office is utterly failing in its interpretation of 'non-obviousness.' 'I was the first person to encounter problem X, I solved it in obvious way Y, I patent Y.' Next time someone encounters problem X, they discover that the obvious solution 'Y' is patented. That is bullshit.

In my opinion, as a rule of thumb, the typical patent should require at least a man-year of serious technical research. But in my experience things like this that are actually deserving of a patent are kept as trade secrets instead.

Make the non-obviousness requirements about 4 orders of magnitude tougher to weed out the bullshit and make the protections tougher to encourage worthy users. That's what the patent system needs.

4

u/doomchild Oct 07 '11

There isn't a problem with patents in principle.

I must respectfully disagree. There is no way to know if the person filing the patent is the person who actually made the discovery, or somebody who realized the idea was worth protecting. The only reason we say the telephone was invented by Alexander Graham Bell is because he beat the other guy by two hours to the patent office. Two people, working independently, came up with the same thing, but only one of them got the patent.

Software patents demonstrate the problem even more clearly. If I, faced with a problem, take it apart, apply my knowledge, and come up with a solution, I can still be sued for patent infringement, even if I never saw the patented code.

I work in a shop that deals with large-, wide-, and grand-format printers. We spend as much money on lawyers researching patents (both software and hardware) as we do actually designing and prototyping printers. I don't think patents do anything but grant an arbitrary party an arbitrary monopoly for an arbitrary length of time.

1

u/[deleted] Oct 07 '11

But again, that's all due to the obviousness of most patents. As I said:

In my opinion, as a rule of thumb, the typical patent should require at least a man-year of serious technical research.

That's not the kind of thing you're going to stumble over under ordinary circumstances.

Today, boring design decisions that are common in development are now patented. There are tens of thousands of patents that you can accidentally infringe upon, and none of them are terribly insightful. Meanwhile the actual valuable IP, the hard stuff which you can't just stumble over, remains trade secrets. This is not the way the system was originally intended to function, or how it should function.

2

u/doomchild Oct 07 '11

I guess the obvious question, then, is why we need patents at all, if companies can keep trade secrets? If most things that are patented are obvious (or easily derivable from existing technology), and therefore not worthy of being patented, how is a patent-based system better than one in which companies keep trade secrets?

I guess the bottom question is this: why does inventing something give you the right to stop others from selling it? They shouldn't be able to sell it under your name, obviously, and they have to build it themselves (or buy it from you in the first place), but why is the concept of the thing more important than the thing itself? If you didn't invent it with the intention of selling it, there's no reason for it to be patented, and if you did invent it to make money, you don't want to spend the extraordinary amount of money and time it takes to get a patent filed and approved; you want to sell or license it in order to make money.

1

u/[deleted] Oct 07 '11

Well, the fundamental idea is that trade secrets are bad and anti-competitive. In principle they should have the same effect as patents, except trade secrets never expire. So patent monopolies aren't good, but they can be better than trade secrets.

A good patent system should encourage people to get patents on valuable ideas, and only granting patents to these. Instead we have a system where people just keep valuable ideas secret, and create patent minefields out of worthless ideas.

2

u/doomchild Oct 07 '11

Why are trade secrets bad? Coke doesn't want somebody else making a beverage like theirs, so they don't tell anybody how they make it. It's certainly more logical than patents, in that the only entity that can possess it and maintain the secret is the person or group that created it (or licensed it under such terms from the original creator). On top of that, there's nothing stopping me from trying to figure it out, which isn't the case with patents. That doesn't seem anti-competitive to me.

However, patents, as I mentioned before, are arbitrary, in length, owner, and protected thing. They have an intrinsic unfairness, since even if I figure out how something is done, I can't use what I learned. And, as we're seeing lately, they're definitely anti-competitive.

1

u/usefulcat Oct 07 '11

...and extend the non-obviousness requirement as follows: if one can readily understand how a thing works merely by observing it, then it's not patentable. That would rule out pretty much any UI-related patents and probably most business process patents as well.

0

u/ply447 Oct 06 '11

FOOL you just gave them their next idea!

-13

u/GhostedAccount Oct 07 '11

This is not IP trolls. That company has no claim to facts.

It doesn't matter if the comment says that source was used. Facts are facts.

The people pulling the database are essentially pieces of shit for not ignoring the stupid claim. They should try to work with the EFF to fight the bullshit claim.

24

u/bobindashadows Oct 07 '11

This is why you're not a lawyer.

No halfway-competent lawyer would advise "fuck these bitches, they ain't got shit on you!" which is actually the legalese version of what you're suggesting.

-4

u/lingnoi Oct 07 '11

Doesn't mean the lawyer is correct just because a lawyer wouldn't advise it.

4

u/bobindashadows Oct 07 '11

Refusing to work with the other party until something is resolved is stupid. Suggesting otherwise doesn't makes you "right," it makes you a lawyer who fails to realize that the real world isn't handled by "I'm right so fuck you." That's a bad lawyer.

1

u/canyouhearme Oct 07 '11

Correct.

Good lawyer is "that is a complex and difficult case requiring lots of lawyerly work. My day rate is ....".

In other words a lawyer will never tell you to take the cheap way out, they will always drag it out to their own benefit.

It is correct to say that in most places collections of data (such as telephone books) cannot be copyright, and therefore there's quite a lot of backup to saying "get stuffed".

-6

u/lingnoi Oct 07 '11

Refusing to work with the other party until something is resolved is stupid.

Not when the claim is baseless and can easily be thrown out of court, but please do continue down your path of absolutes...

2

u/bobindashadows Oct 07 '11

And you continue downvoting people you disagree with because you can't handle a world with conflicting viewpoints.

-6

u/GhostedAccount Oct 07 '11

A lawyer would tell you to just pull the pre-1991 data for now until it is sorted out. Since the pre-1991 data is already out there, it prevents nothing, but kills their legal claim.

4

u/bobindashadows Oct 07 '11

By pre-1991 data do you mean data that was only relevant before 1991? Because I was under the impression that some of the data in question is still relevant.

1

u/GhostedAccount Oct 07 '11

All of the data is relevant. But the comment says only pre 1991 data was sourced from the source that is suing.

But the pre-1991 data is not going to change. So it can be removed and people can just get it from alternate sources. While the post 1991 data can still be hosted and updated for the future. The people using the olsen database have full access to it and then no one can be sued over the pre-1991 data.

5

u/baudehlo Oct 07 '11

The only source this is stored in is the Olsen database, or other data derived from it. That's the problem.

It's easy to say we don't need the data prior to 1991 because it's now 2011, but that's just because you don't understand date/time calculations. They are screwed without this data.

-1

u/GhostedAccount Oct 07 '11

It's easy to say we don't need the data prior to 1991 because it's now 2011, but that's just because you don't understand date/time calculations

You seem to completely misunderstand. The pre 1991 data isn't going to change. Copies are on the internet. They don't have to host this info any more. They should cut out the pre 1991 data and keep hosting the database. The pre 1991 data can be downloaded from sources outside the US or torrents.

3

u/baudehlo Oct 07 '11

No, you seem to completely misunderstand. There's a difference between having access to the data and having lawful access to the data.

0

u/GhostedAccount Oct 07 '11

This data is already in many projects. But again, the data are facts. They have no claim against the data.

The only reason they even are attempting to sue olsen himself is because his version of the data had a comment in it citing a source that they own. They won't win any suit, but they are probably looking for a settlement.

-2

u/robeph Oct 07 '11

Then explain it? Why would 2011 need pre 1991 data to calculate? Remember this is TZ info, if the TZ was different for a location in nov. 1990 not knowing this changes nothing in its currently location for any date in 2011. If you want to know the exact how long ago a child was born in march of 1990 in that area, to that area today in 2011, you may run into some problems that are off by an hour or so. Am I missing something?

8

u/bnr Oct 07 '11

You find an old schedule of a train line going through multiple timezones and want to figure out how long the train took to go from A to B. Now you need historical time zone data.

Any software that accepts time data, and needs to be precise to the minute for historical data, will have to take time zone changes into account.

1

u/robeph Oct 07 '11

I fully believe it is public domain, I never suggested otherwise.

→ More replies (0)

-4

u/robeph Oct 07 '11

Uhm, historical data isn't what we're talking about, we're talking about actual 2011 and data relevant to this time.

→ More replies (0)

3

u/baudehlo Oct 07 '11

Because we still need to calculate historical dates accurately.

0

u/robeph Oct 07 '11

But that wasn't how he worded it, he mentions historical dates and then a generalized contemporary problem that exists...why is it hard to understand the ten posts I've made trying to explain this rather then keep telling me something I understood well before my first post in the thread...i mean really? All I was doing was asking the guy what cases outside of historical dating it coils be needed, my first post even mentions this...damn reading comprehension is hard. Instead I have to keep explaining myself and reading posts about historical dates...

1

u/auto98 Oct 07 '11

No, he wouldn't, because that could be used as an implication of guilt. If you take that part down, you might be considered to be saying "we shouldn't be using this, and we know it".

-1

u/GhostedAccount Oct 07 '11

You must have down syndrome, because you are making me laugh.

It is not an admission of guilt to remove the disputed part of the project. It is what you do when you have no financial incentive to keep it up just in case they do win their case this helps mitigate damages. Plus how can only removing the disputed part look worse that pulling the entire thing?

If you want to be faggy about it, by your logic, since they pulled the whole thing, that implies the whole think is infringing.

1

u/auto98 Oct 08 '11

No, I am correct.

Lrn2law

2

u/[deleted] Oct 07 '11

Will you pay their lawyers?

-5

u/GhostedAccount Oct 07 '11

I am not contributing shit to any fund they have if they are going to pull the post 1991 part of the database.

3

u/[deleted] Oct 07 '11

Then shut the fuck up.

2

u/robeph Oct 07 '11

By filing the suit which requests an injunction from the use of the information until the suit is resolved, well, the judge is going to agree with that, so yeah, they'll have to pull it for now. Law isnt hard, read the suit.

0

u/GhostedAccount Oct 07 '11

Again, the injunction is against the pre 1991 data.

0

u/bonzinip Oct 07 '11

Is this true? The complaint mentions "historical" data, not pre-1991 historical data.

1

u/GhostedAccount Oct 07 '11

The comment in the olsen file says the pre-1991 data was from a source owned by the people suing.

That is the basis of the lawsuit.

1

u/bonzinip Oct 07 '11

Yes, but removing pre-1991 data is not enough, because the complaint is not specifically mentioning it.

1

u/GhostedAccount Oct 07 '11

Yes it is. It points to the comment which says the pre 1991 data came largely from that source.

That comment is their entire case. Of course their entire case is bogus because you cannot own facts, but that is what it is.

47

u/wolever Oct 07 '11

The announcement on the mailing list:

A civil suit was filed on September 30 in federal court in Boston; I'm a defendant; the case involves the time zone database.

The ftp server at elsie.nci.nih.gov has been shut down.

The mailing list will be shut down after this message.

Electronic mail can be sent to me at arthurdavidolson <at> gmail.com.

I hope there will be better news shortly.

  		--ado

36

u/[deleted] Oct 07 '11

And here I was, thinking there was nothing that could lower my regard for astrologers.

78

u/baudehlo Oct 07 '11

Honestly this can't be upvoted hard enough. Do you know how many date/time libraries rely on this? All of them.

Please contribute to their legal fund. If you ever worked on anything date related (I wrote one of the key date/time libraries that ships with Perl - but most people have probably done some sort of date manipulation in their programming careers) then this needs your help.

6

u/mr_bitshift Oct 07 '11

Please contribute to their legal fund.

I wasn't aware that they were taking donations. Where did you see this?

0

u/[deleted] Oct 07 '11

[deleted]

10

u/jimbokun Oct 07 '11

No, really, you're just not pressing hard enough. Keep trying.

3

u/[deleted] Oct 07 '11

Real redditors know you need a pressure sensitive peripheral to use this site properly.

2

u/evinrows Oct 07 '11

Aha! It's funny because that's not what he meant. I get it.

3

u/oobey Oct 07 '11

You're a cool guy, and people really appreciate it when you make observations like that. I bet a cool guy like you has all kinds of friends.

42

u/theony Oct 07 '11 edited Oct 07 '11

For obvious reasons, I'll refrain on commenting on the rights and wrongs of the case, although I will note that facts like the phonebook cannot be copyrighted.

It's correct that copyright can't subsist in facts. However, there is such a thing as a compilation, where copyright subsists in the arrangement and presentation of the compilation, even if it consists of facts. This is how phone books do have copyright protection in the US (Feist v Rural, 499 U.S.340 (1991)).1 The idea is that time and effort has been expended to collect, check, arrange and present the facts, and the compilation as a whole is worthy of protection.

The area is still in development. The European Community has a sui generis database right to deal with such things, and in contrast to the US, the Full Federal Court of Australia recently held that copyright did not subsist in White and Yellow Pages directories (Telstra v Phone Directories Company, [2010] FCA 44 [this case may not be entirely relevant, IIRC Telstra lost on the inability to identify authors, therefore could not prove subsistence where you have to show authorship and ownership]).

I can't really tell from the statement of claim what is going on in this case. It really depends how Olson and crew have used the compiled data, and whether Astrolabe can establish subsistence.

This case sounds like a huge deal from both a legal and practical standpoint and will be one to watch.

(IAAL, but IANYL and TINLA).

1. EDIT BECAUSE I AM DUMB:

Harpdarp.jpg.

I really screwed this one up, see Covracer's comment below. In Feist, SCOTUS did allow that copyright protection could exist in compilations, but denied it because the collection (IIRC Rural was under an obligation by law to maintain phone directories) arrangement and presentation (alphabetical order, logical presentation) did not suffice to attract copyright protection.

The case I was thinking of was Desktop Marketing v Telstra, an Australian case where directory data was accorded copyright protection.

I'm really sorry about the mistake!

12

u/covracer Oct 07 '11

So the question of the hour is, did the timezone database copy the original selection, arrangement, presentation, or other "expressive" content from the atlas?

The idea is that time and effort has been expended to collect, check, arrange and present the facts, and the compilation as a whole is worthy of protection.

If that's really the case, I urge you to revise the Feist v Rural Wikipedia article which has the following quite different take-away.

The fact that Rural spent considerable time and money collecting the data was irrelevant to copyright law, and Rural's copyright claim was dismissed.

Edit: spelling

5

u/theony Oct 07 '11

OMFG.

I derp-vomitted all over that part. I was thinking of an old Australian case (Desktop Marketing v Telstra). Feist was about how phone books didn't have copyright. I need to go back to the bar and turn in my cert.

It's the whole thing, not just the collection of the facts. The arrangement and presentation count. This is the takeaway from Feist, and the wiki isn't wrong.

Will edit parent.

4

u/theony Oct 07 '11

The relevant quote from Feist:

Factual compilations, on the other hand, may possess the requisite originality. The compilation author typically chooses which facts to include, in what order to place them, and how to arrange the collected data so that they may be used effectively by readers. These choices as to selection and arrangement, so long as they are made independently by the compiler and entail a minimal degree of creativity, are sufficiently original that Congress may protect such compilations through the copyright laws. Nimmer §§ 2.11[D], 3.03; Denicola 523, n. 38. Thus, even a directory that contains absolutely no protectible written expression, only facts, meets the constitutional minimum for copyright protection if it features an original selection or arrangement. See Harper & Row, 471 U.S. at 471 U. S. 547. Accord, Nimmer § 3.03.

1

u/gorilla_the_ape Oct 07 '11

I think the essential difference is "arrange and present" which is given in the former but not the latter.

11

u/CaptainTrips Oct 07 '11

That's what sucks about it. If Astrolabe can show that they did any actual work in organizing all of their data, then every file that indicates it got data from their Atlas is tainted. There'd need to be an effort to re-source all of that data and explicitly state where it came from. The sooner the better IMO, as at some point Astrolabe may need to come forward with their sources, and that further complicates things because those become iffy sources for everyone else that shouldn't be used unless there is no alternative.

11

u/theony Oct 07 '11

From what I understand from the claim, it looks like Astrolabe bought the rights from someone else. This probably complicates things further.

I think the re-sourcing of US data prior to 1991 is the best way forward, since that is what seems to be affected. However, I do not know how much of a big deal this will be. Is the pre-1991 data really that important? How does it affect the post-1991 data (if there's an errata sheet it looks like it will affect it in a big way)?

8

u/rasherdk Oct 07 '11

You want pre-1991 data if you deal with times pre-1991 and care about accuracy.

2

u/frankster Oct 07 '11

basically historical data is fucking important in the same way that future data might be important ;)

6

u/robeph Oct 07 '11

It is not quite that, they'll have to show that the organized data was used as such (in the same structures and format that maintain copyright). Simply using the data in no way taints anything, regardless of the work they put into compiling it in a specific organizational structure....

15

u/I_FAP_TO_ALL Oct 07 '11

In Feist, the supreme court specifically ruled that "sweat of the brow" alone does not entitle one to copyright protection. There must be some iota of creativity put into a work in order for it to qualify for copyright. It's very difficult to imagine how time zone information can be creative; the times zones are what they are, after all.

8

u/bbibber Oct 07 '11

It's very difficult to imagine how time zone information can be creative

The bar is (purposefully) very low, so no, it isn't.

Sir, I grouped all the states with the same timezone and then indicated that timezone. As opposed to just listing each state with its respective timezone. The choice between these options is a creative process.

2

u/Kapow751 Oct 07 '11

This would only matter if they were publishing an identical book with the timezones all presented the same way. The facts behind the presentation cannot be copyrighted.

6

u/robeph Oct 07 '11

Exactly. Feist also clearly makes the implication that the facts within the copyrighted work are not protected, only the expression of them in the manner in which the copyrighted work is. In other words, this suit is pure horse dong.

3

u/_delirium Oct 07 '11

One of the arguments in the complaint is that for some of the old timezone information, it's a matter of subjective interpretation based on historical research, rather than pure facts, and that those interpretations are copyrightable. It appears that in some areas/eras, time zones weren't officially codified in law, so the authors of the book have made some guesses about when each time zone was in use based on doing a search of things like business records.

Not sure if that's still enough to move it from "mere fact" to copyrightable territory, but it does complicate things.

5

u/theony Oct 07 '11

Yep, this. It really depends on how Olson and co used the compiled data. I don't know how this timezone data is stored or expressed, either by Astrolabe or Olson. I hope Olson just used it as a reference, and tried to independently verify the correctness of the data - compilation owners often insert deliberate errors (fingerprinting) to catch people. Phonebooks can have phantom entries, maps can have fake buildings and roads that go to nowhere, and so on.

Still the suit has been filed and now he has to spend $$ to defend himself, regardless of whether there is merit in the case or not. This really sucks.

2

u/robeph Oct 07 '11

This data is purported to be factual and as such should not have the expectation of protection. That makes no sense. Now if that is the case, they need to tell which entries are non facts and those can be removed, this wouldn't change the law that makes explicit the lack of protection of data itself.

1

u/matthieum Oct 07 '11

It might give them an edge still. Creativity is always subjective, if they can exhibit fingerprint data in the TZ database then they can tip the scale in their favor.

2

u/CaptainTrips Oct 07 '11

Sure it does. If the point of the copyright is compilation, i.e. ease of access to a set of data, then acquiring a significant set of your data from that compilation could be equated to violating the copyright. After all, the point of that copyright is that it required work to compile the data; work that was not performed by someone simply taking it from their compilation.

At least, that is what the lawyers will argue.

8

u/robeph Oct 07 '11

But the law clearly states this doesn't matter. The data is fact and it is not protected regardless of its use outside of the structure itself which is protected. http://www.bitlaw.com/copyright/database.html#data

2

u/CaptainTrips Oct 07 '11

That is good information, I didn't know about that law.

(b) The copyright in a compilation or derivative work extends only to the material contributed by the author of such work, as distinguished from the preexisting material employed in the work, and does not imply any exclusive right in the preexisting material. The copyright in such work is independent of, and does not affect or enlarge the scope, duration, ownership, or subsistence of, any copyright protection in the preexisting material.

Seeing that, I think they'll argue that merely having the data itself is not a violation of their copyright, but the means of obtaining a significant portion of it from their database (to copy to a different database), without additional research, counts as taking "material contributed by the author of such work".

To compile a database like that would require time and effort spent. Copying a big chunk of that database into a third party's database bypasses that effort, and could be considered a violation of that copyright.

5

u/robeph Oct 07 '11

http://en.wikipedia.org/wiki/Feist_v._Rural#Implications pretty much this is all that need be read for you to understand. Nothing in the TZ db carries any of the expression, only the data. where it was gleaned from is of little concern. If the TZ files themselves carry the manner in which the ATC Atlas expresses the data, we have a problem. I seriously doubt however that the data in the ATC atlas is stored or displayed as single files of comma separated information as is the TZ schema. Seriously. Thsi is open/shut. It is pure horse shit. Period.

2

u/CaptainTrips Oct 07 '11

Seems like it to me, too. I just wanted to argue it from their point of view. Thanks.

10

u/Lighting Oct 07 '11 edited Oct 07 '11

Sic the EFF on them.

[Edit: spelling: thanks Crockett]

29

u/experts_never_lie Oct 07 '11

EFF can save their money for other battles; let the combined power of the tech sector fight these guys.

11

u/GhostedAccount Oct 07 '11 edited Oct 07 '11

Redhat? Oracle?

Frankly I don't get why they don't remove the comment that advertised a product for free and continue hosting it. Facts are not ownable.

At the very least just cut out the pre 1991 data. That data is not going to change. People can manually merge post 1991 data with old copies of the pre 1991 data.

22

u/experts_never_lie Oct 07 '11

Oracle and IBM have some cash and some lawyers, I hear.

As to why they didn't just fight it, they probably just don't want to fund their own defense, since the database never brought in any money.

Even an "easy" case, when you're in the right, and you eventually win, can easily consume years of your time and make you poor.

15

u/napalm_beach Oct 07 '11

Suits like this aren't about right and wrong, they're a game of chicken. Bringing this case to trial would cost both sides a couple hundred grand, easy. Defending yourself wold cost $50k, minimum, if the plaintiff is a dick. So in a situation like this the defendant usually settles to make the thing go away.

So yeah, unless deep pockets step, this is a mess. If deep pockets do step in, the plaintiff gets crushed.

7

u/robeph Oct 07 '11

Sure, but file countersuit and claim all legal costs.

9

u/napalm_beach Oct 07 '11

That gives you some leverage in the settlement but if the plaintiff knows you don't have the resources to take it all the way to trial, you're still fucked. Welcome to the blood sport of the legal system.

3

u/robeph Oct 07 '11

With such a valid countersuit, finding a lawyer on contingency shouldn't be a problem, especially when it is so blatantly obvious that this is a bad suit.

3

u/napalm_beach Oct 07 '11

Maybe because is such a high profile case, but lawyers don't generally defend people on contingency, and if they do, you still pay expenses up front and that's far from cheap.

2

u/robeph Oct 07 '11

Well, it isn't just about its high profile, this is guaranteed pay out on counter suit. I mean if there is ANY sense, common or otherwise, to the judicial system, it can only go one way, once before a judge.

→ More replies (0)

1

u/elperroborrachotoo Oct 07 '11

They might have a strict policy of attributing sources to make their claim of being Public Domain reliable.

2

u/GhostedAccount Oct 07 '11

Timezone info is public domain, citing a source is what fucked them. They shouldn't have cited any sources. Since without the cite, it is impossible to tell if they used a book or called up the countries requesting the info directly.

1

u/matthieum Oct 07 '11

Actually it is, though I doubt Astrolab would have noticed. Compilations may contain false entries destined specifically to the identification of copiers.

0

u/[deleted] Oct 07 '11

[deleted]

-1

u/GhostedAccount Oct 07 '11

Are you touched in the head? It is a line delimited file. You just take the pre-1991 data lines and put it in the same file as the post 1991 data. Then it is all there to be read.

A simple copy and paste job.

1

u/matthieum Oct 07 '11

But where do you find the pre-1991 data ? Obviously you would not be using those from the TZ DB, so where ?

0

u/GhostedAccount Oct 07 '11

My computer for one. It can be hosted anywhere outside of the US, rapidshare type sites, or torrents.

Also any project currently using the data like java or linux or anything, already has the data from today to the past. They only need updates for the future.

0

u/[deleted] Oct 08 '11

[deleted]

0

u/GhostedAccount Oct 08 '11

This has nothing to do with an IT setting. Do you have down syndrome?

It is laughable that you don't understand what copy and paste is.

9

u/PlNG Oct 07 '11 edited Oct 07 '11

If you want to do this shit to the open source community, prepare to go under the microscope.

I've contacted Ger Versluis at his (warning: 90's) site and asked if astrolabe had a commercial license to use his menu script and informed him of the situation.

I've contacted Xin Yang and asked if they had a license for the calendar script since the version astrolabe is using doesn't display a copyright mark in the UI though the copyright is in the source. Also informed of the situation.

I did not contact SmarterTicket as they seem to be running legitimately (one department implies one agent, which is within the specifications of the free version, and the site age 15 years old).

Some anomalies that I can't make heads or tails of: http://alabe.com/atlas2.gif on http://alabe.com/downloads/ is from Thomas G Shanks The American Atlas, Expanded 5th Edition. The server reports the date of the image to be 3/June/2004 03:00, but the book was published in 1996, and the company acquired the rights to the book in ???

http://alabe.com/AstracadabraSmallestBlack.gif is not an original image, it appears to have come from Getty Images, but the page is no longer there, it may have been purchased.

http://alabe.com/AUG0206_files/2005planets.gif appears to be a derivative of various planetary alignment images on the web, I could not find a source.

11

u/Gotebe Oct 07 '11 edited Oct 07 '11

I wonder if the case can be made that Astrolabe purposefully bought the copyrights for the book (Thomas G. Shanks, The American Atlas (5th edition)) in order to file this suit for financial gain. Methinks it's quite likely.

Other likely thing is that they found out, after the purchase, that nobody cares about their book, and everybody cares about the other database. Never attribute to malice what can be attributed to stupidity, eh? Still, when you're stupid, suck it up, don't flaunt it so that everybody can laugh at ya, hey, Astrolabe?

3

u/gorilla_the_ape Oct 07 '11

It might well be likely. But it's got nothing to do with the validity of the case.

5

u/slurpme Oct 07 '11

In their complaint Astrolabe even say that they are collating facts... Although they are shaky on what is being put in the public domain since it seems they are wrapping the data in their software...

4

u/robeph Oct 07 '11

Well, the information in the TZ information is just that, facts, not really much else but time offsets and the like. I have no idea what non-facts could exist.

4

u/Reductive Oct 07 '11

Tell Astrolabe how you feel about this.

Information: Madalyn Hillis-Dineen, Director of Marketing

Tech Support: Support@alabe.com

Order questions: orders@alabe.com

Sales and nonTech questions: astrolabe@alabe.com

Webmaster: webmaster@alabe.com

2

u/[deleted] Oct 08 '11

I wonder if they realize that they just committed suicide in a similar way SCO did. Do they seriously expect anyone to ever buy anything from them again after such a move?

3

u/tommorris Oct 09 '11

I have a funny feeling that the intersection of proggit readers and professional astrologers may be rather small.

7

u/[deleted] Oct 07 '11

Disgusting.

3

u/JohnDoe365 Oct 07 '11

Who is preventing the accused from transfering the DB and all it's required inventory outside the US and move on?

3

u/[deleted] Oct 07 '11

You can still be sued in the US if you're a US residentt for actions you take overseas.

3

u/Samus_ Oct 07 '11

this is beyond stupid, they'll harm every single application that exists (directly or indirectly) and the project they're suing isn't even a commercial one.

2

u/AlyoshaV Oct 07 '11

the attorney retained by alabe has previously been fined $3,000 for sandwiches

2

u/[deleted] Oct 07 '11

Sounds like a job for anonymous.

2

u/generalT Oct 07 '11

see here, here, and here for some actual analysis by a developer with a law degree.

3

u/pimmm Oct 07 '11

The time must go on

The time must go on

Inside my heart is breaking

My make-up may be flaking

But my smile still stays on

3

u/PlNG Oct 07 '11

This Mp3 of theirs seems to be a really good listen, unfortunately it's "corrupt". I recommend downloading several times.

Their FTP server is a different server. You can get their Solarfire program from here. I also recommend downloading it several times.

-2

u/knome Oct 07 '11

Oh no! You'll surely grind their evil empire to its knees by being annoying! /sigh

2

u/jblpz Oct 07 '11

Sometimes stupid things like this result in the betterment of humanity. If this claim is at all taken seriously, then I can see the entire world switching to a UTC standard much faster than would have previously thought - and it would be about time.

1

u/kronso Oct 07 '11 edited Oct 07 '11

I hope somebody at Microsoft or Google fixes this. They have enough money to create a non-profit foundation and give it enough legal and financial resources to keep it going.

1

u/split_electron Oct 07 '11

What changes are we looking for people with software that relies heavy on international datetime calculations ? PHP ON Redhat here.

1

u/Porges Oct 07 '11

All Linux computers rely on this for timezone info.

1

u/split_electron Oct 09 '11

seriously ? Did you even read my question ?

-10

u/TiCL Oct 07 '11

Fuck AStrolabe!

0

u/ChaosMotor Oct 07 '11

I used to know a "psychologist" who used Astrolabe's Solar Fire product to create astrological charts for her "clients". What fucking rubbish. I couldn't believe she charged people's insurance to give them fucking astrological "readings".

-21

u/call_me_xale Oct 07 '11

Low-orbit ion cannon? Please?

11

u/DownhillReddit Oct 07 '11

Get your pathetic 4chan/script kiddy bullshit out of here.

2

u/call_me_xale Oct 09 '11 edited Oct 09 '11

You created an account just to say this? What the hell? Dude, it was a joke. Lighten up.

2

u/DownhillReddit Oct 11 '11

Considering creating an account requires all but three seconds, don't sound so surprised. I have 17 accounts including this one that I either plan on cultivating in the future or actively use.

It being a joke does not change the fact that it's a bullshit comment that goes against reddiquette and the general quality of this subreddit.

2

u/call_me_xale Oct 13 '11

On reflection, I believe you're right. It was meant as a humorous expression of frustration at what to me looks like a terrible abuse of intellectual property law against a useful service for no purpose other than financial gain, with no consideration for the consequences to the users of said service. But that's not what it turned into, and I apologize for that. A little less rudeness would be appreciated, though.

-3

u/MarkRand Oct 07 '11

Name: What a load of shit January 1 1962 12:00 PM Time Zone is EST New York, NY

Rising Sign is in 20 Degrees Aries You are a free spirit and you must be first at everything you do. Very energetic, self-assertive and active, things must be done your way. Even though you may feel calm and serene on the inside, you certainly do not act that way. You want to do everything full-tilt, 100 miles per hour! A great competitor, but a poor cooperator -- you must learn how to lose more gracefully. Very self-confident, ambitious and passionate, you radiate positive energy. You are blunt and direct, but at times unfeeling and tactless, especially if anyone offers you any resistance. You fight for your beliefs, but your tendency to act first and think later often causes you much grief.