|
Re: copyright of orbital elements?
[ The Intellectual Property Law Server ] [ Follow Ups ] [ Post Followup ] [ Copyright Forum ] [ FAQ ]
Posted by M. Arthur Auslander on January 06, 2000 at 04:53:35:
In Reply to: copyright of orbital elements? posted by K Wright on November 06, 1999 at 13:07:07:
: According to the Minor Planet Center, collections : of orbital elements are copyrighted , whereas the : individual orbital elements are not. This distinction : is consistent with the usual ruling that it is the : form of a publication that is copyrightable, not : the information actually contained in the publication. Do you all agree that an astronomical discovery is not intellectual property. I do not think that anyone would have any objection to educational or scientific use of there discovery, but what about the company that is using this information to fly a space probe to an asteroid and claim it a their corporate property? An astronomic is indeed intellectual property. Its use and protection depend on what is done with it and how it is done. The Dead Sea scrolls are not copyrightable. Try to get your hands on them to translate them. Each translation is copyrightable. The law itself is seldom clear. It is like a hologram where the same object may have different views from different angle with no assurance if one, none or all are correct. In many instances there is big value involved. There usually is not direct linear route from a valuable disccovery to money. : Is a astronomical discovery intellectual property? : I do not think that anyone would have any objection : to educational or scientific use of their discovery, : but what about the company that is using this : information to fly a space probe to an asteroid and : claim it a their corporate property ? My motto is lawyers are to clients as women are to men. You can't live with them an you can't live without them. What you are saying is not clear from a legal point of view. Almost any thought has an Intellectual Property right. The question is how it is used. The main roads are, Patent, Trademark, Copyright and Trade Secret. A proper mix of these may be able to cull value out of even common knowledge. M. Arthur Auslander E arly L egal A dvice I s N ot E xpensive ELAINE's Workshop (sm): Auslander & Thomas-Intellectual Property Law Since 1909 505 Eighth Avenue, New York, NY 10018 212-594-6900, fax 212-244-0028, aus@auslander.com
Follow Ups:
Post a Followup
|
|