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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.
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.
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.
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.
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 ...