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Re: copyright of orbital elements?
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Posted by M. Arthur Auslander on January 06, 2000 at 05:19:48:
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 ?
: 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 ?
The prior answer got mixed in with your text. Basically there are ways to use even public knowledge in a protected way as Intellectual Property.
An astronomic discovery 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.
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
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