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Timetable App Developer Gets Nastygram From Transit Sydney
mikesd81 writes "ZDNet Australia writes that NSW state corporation RailCorp has threatened a Sydney software developer with legal action if he fails to withdraw a train timetable application that is currently the second-most-popular application in its category in Apple's App Store. Alvin Singh created Transit Sydney after he began teaching himself how to program in Cocoa Mobile. Within days of its Feb 18 release, Singh received a cease and desist notice from Rail Corporation NSW, the government body that administers Sydney's CityRail network. The email states: 'I advise that copyright in all CityRail timetables is owned by RailCorp. ... Any use of these timetables in a manner which breaches copyright by a third party can only occur through the grant of a suitable licence by RailCorp.'"
"As a government body, RailCorp information is protected by Crown copyright, a contentious provision in copyright law that has recently been used to block attempts to access information on the location of Victoria's bushfires and even seemingly innocuous information as the locations of public toilets. 'RailCorp's primary concern here is that our customers receive accurate, up-to-date timetable information,' RailCorp spokesperson Paul Rea explained. 'This includes details of service interruptions, special event services, track work and other changes. ... At this stage, it is not possible for RailCorp to grant third-party developers access to our internal passenger information systems. As such, any third-party CityRail timetable application would contain inaccuracies and have the potential to mislead our customers.'"
I don't know anything about Australian copyright law, but under US law you cannot copyright a fact. A train timetable would certainly qualify. This might be one area where we get things right.
Governments all over the world are asserting copyrights on information created with public funding, or even public domain information.
Particularly annoying is when museums and similar institutions assert copyright over images of works that should have fallen into the public domain by now, in direct contradiction of their mission of disseminating those works to the public.
Potentially, governments can also use copyright claims in order to restrict distribution of information that the government finds politically undesirable: statistics, investigative reporting, etc.
Generally, everything a government creates with tax payer money should be public domain.
This seems one of the cases when an Idling corporation wans to get money out of work done by someone else.
The corporation did not have a product that people wanted, a person makes such product and now the corp wants the idea and the money I presume.
I have a feeling that laws should contain a part where the "intent" of the law is stated. In the Copyright law the intent is to give a limited monopoly on the "product" to allow people to produce new books that otherwise would not be viable.
A train timetable is no such thing, yes it is printed, but it is a byproduct of the service, not a product in itself !
IANAL The point is: If laws had a part where it was written what was the general aim of the law than maybe it would be simpler to decide on borderline cases.
You may wish to compare copyright schemes - In particular, the EU & AU recognise the so-called "sweat of the brow" right extant in databases, which a timetable would qualify under. Times of football matches also seem to qualify.
The controlling law in Australia is Desktop Marketing Systems Pty Ltd [âoeDtMSâ] v Telstra Corporation Limited [2002] FCAFC 112. At paras 253 & 254:
253 It was not their alphabetical arrangement or their designation as headings that attracted copyright protection to the compilation of headings constituting the Headings Books. Rather, it was the labour of building up the collection (of headings). Desktop appropriated the benefit of all or most of that labour.
254 Accordingly, by parity of reasoning with my reasons for concluding above that Desktop reproduced a substantial part of the White Pages Directories and a substantial part of the Yellow Pages Directories, it also reproduced a substantial part of the Headings Books, and so infringed Telstra's copyright in those Books.
So, under Australian law, you can copyright a compilation of facts.
Cheers,
Michael
So create an app so that it collects real-time data gathering information via GPS, Wi-Fi hub, and cell tower triangulation and uploading it to a central server (similar to Google Latitude). You could even use the accelerometer in the iPhone to detect when trains started moving, since I'm sure that it would be a different profile than walking. After a month or so, you'd have a real database of when the trains run rather than what appears on the schedule, which is more valuable information anyway. They couldn't touch that info, since they don't own it. If I lived Down Under, I'd write it just to tell them where they can stuff their copyright.
That, sir, is a very clever idea. If I lived down under, I'd help you write it.
Then again, I've already lived there in the past, and you couldn't force me at gunpoint to make that mistake again.
"Patriotism is your conviction that this country is superior to all other countries because you were born in it." -- GBS
Couldn't the developer create an application of what yesterday's, or the previous week's, train schedule was? Then, the application would be reporting past events, much like any news agency is allowed to do.
This has been another edition of simple answers to simple questions.
This is business as usual in Australia: The Federal Government uses the old archaic copyright practiced by *GREAT BRITAIN* (emphasis is theirs, not mine) where the government holds copyright on everything, and charge like a bull:
* Australian Maps are copyrighted by the federal government's mapping agency AUSLIG.
* Real Estate Data is copyrighted by e.g. Department of Natural Resources. They in turn make exclusive deals to data companies who sling wads of cash their way in exchange for special access. If you a citizen want access you're forced to go through these resellers. The famously greedy Macquarie Bank owns one of these.
* Tide tables are copyright.
* Even Aeronatical data is copyright. The US Department of Defense used to distribute a worldwide database of Aeronautical data, but they had to stop because "Air Services" (a branch of the Australian Government) hated the idea of the public getting for free what they were trying to sell. Instead of doing a worldwide edition without the Australian data, the US Department of Defense simply ended public access.
* Anything and everything. From simple forms to photos taken by government (e.g. a nice photo of that billion dollar aircraft paid for by your taxes) are copyrighted by the government.
* Even *THE WEATHER* is copyright. Print the weather in your local paper or stick it on the website, and you'll get an earful from the Weather Bureau who insists you "purchase a product license".
In all cases the people who run these departments like to think of themselves a private businessmen, but they're not: their capital is provided by the taxpayer and they've got all the protection of being part of the government. They're a monopoly. They can charge what they want. Not like you can go to the government down the road instead. Pigs at the trough.
This is different from the US where under the constitution the US Government does not copyright what it produces, reasoning your taxes paid to collect the data, so why should you be forced to pay again.
In the Sydney case here is the worst part: Their railway system is known as being beyond terrible. Trains don't show up, break down, disappear, bypass stations, ticketing doesn't work, there's bugger all security. There's a real culture of sloth, laziness and corruption there. And here's a guy selling something to help commuters (and offered to give it to the railways department for free) and they threaten him instead.
[citation ne...
Finally had enough. Come see us over at https://soylentnews.org/
The headline says he got a nastygram from "Transit Sydney".
According to the summary that is, you know, right below it, "Transit Sydney" is the application, not the company. The company is "RailCorp".
Getting a nastygram from an application you developed does occasionally occur (fuck those runtime exceptions), but not in the sense this article implies.
In australia it was:
-proposed more than a year ago
-went through trials
-is having large amounts of public scrutiny
-has not been passed as law yet
and
-will not pass due to public outcry and a shifting sentiment in the senate.
Compare this to the US, where you'd only find out 18 months after it was implemented, and anyone asking about it would have been jailed.
A lot of this is because we have a small population and a LARGE body of old law inherited from English common law. In America, a far greater proportion of what was originally common law has been codified into statutes.
A smaller, less litigious population also means that fewer opportunities arise for courts to apply a modern eye to some of these laws. So I guess the 'refresh rate' of our laws is slower than in larger countries. The right case to challenge a stupid law needs to come before the courts before things will get changed, but that 'right case' might involve some pretty uncommon circumstances.
Also many of these 'stupid-sounding legal issues' as they are reported on Slashdot are sensationalised, or the summary misses a crucial point (or half the story!). This applies to any legal stories on Slashdot, not just ones originating from .AU.
Australian law by and large is well thought-out ... just sometimes a bit slow to get updated to deal with issues surrounding new technologies. Our IP law in particular is in need of an overhaul (although incidentally, it was made a lot worse by the US-Australia Free Trade Agreement signed a few years ago, which required us to adopt some DMCA-style provisions).
The Australian governmental system has its strong points - it's a lot less susceptible to vote-buying and big business influence than the US system. Partly that's because we don't directly elect a head of state resident or even the Prime Minister (which understandably in most Americans' opinion is a bad thing). So we don't have the need to spend huge amounts of money promoting candidates (look at the money spent by Obama/McCain on their campaigns last year ... I'd be surprised if our major parties spent 1% of that when we have elections).
I have used it for successfully to get out at the right stop when I cannot read the station names. You get out when the train is scheduled to arrive at your destination. My experience is that (a) the train is actually stopped within the scheduled minute, and (b) it is at the right destination. Very comforting when the script it complete gibberish to you.
Consciousness is an illusion caused by an excess of self consciousness.
His Twitter page says "I've asked Minister Campbell to speak to RailCorp. They will meet with the app developers to negotiate how to use the info accurately"
Crushing societal pressure to conform?
Which might as well be called common sense. Maybe the average Japanese doesn't want to be a jackass.
IMHO that's a good thing.
Another example: A friend who had spent some time in Japan told me that in large crowds Japanese tend to speak less loudly than usual. Over here, eveybody speaks more loudly, so eventually everybody needs to yell.
Say out loud: I'm an Aspie and I'm somewhat proud, I guess. Uh. Can I write an email in all caps instead? Hm...
Them:
Me:
Them:
Me:
Them:
I have used it for successfully to get out at the right stop when I cannot read the station names. You get out when the train is scheduled to arrive at your destination. My experience is that (a) the train is actually stopped within the scheduled minute, and (b) it is at the right destination. Very comforting when the script it complete gibberish to you.
I tried this in the Swiss Alps once, thinking that "hey, it's Switzerland, these things should be on-time, right?" I forgot how close the Alps are to Italy. Luckily, the mountain trains don't run much faster than walking speed in that place - when the conductor discovered my error (about 5 minutes out of the station), he said "that's your train over there, want to change?" He went ahead of me to give me a hand jumping up, hopped off of one moving train sprinted about 20 yards and hopped onto another moving train. I wonder how often they do that?
That's my experience, too. In American bukake, the guys are grunting, high fiving each other, and yelling comments like "take it bitch". In Japanese bukake, the men are very quiet and respectful. You can actually hear the woman crying in shame.
Do you even lift?
These aren't the 'roids you're looking for.
I wonder how often they do that?
In the Italian part ? Probably all the time.
In the German part ? Hell, no. There are rules ...
There was a case recently where a well-dressed guy with a laptop case passed out on the Red Line. The passengers hit the emergency button, the mid-train conductor came out, took one look at him, said "he's fine, just drunk."
The train went another half a dozen stops, including past Mass General Hospital (literally. The stop is maybe 500 feet from the emergency room), and Park Street, where Boston EMS had been told to meet the train. The train didn't stop at Park- it went all the way to South Station, miles from any hospital.
To put this in context- they had just announced they had put defibrilators in all of the commuter line trains after a guy died because (drumroll please) the conductors refused to stop the train to meet an ambulance crew- they went all the way from Wellesley to South Station, by which time the guy was a vegetable. They got their asses sued, and lost- there should have been manslaughter charges.
Please help metamoderate.