Civil Suit Filed, Involving the Time Zone Database

An anonymous reader writes "Arthur David Olson, the creator and maintainer of the timezone database used in about every unix/linux platform in use on the planet, just sent the message to the timezone 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 @gmail.com. I hope there will be better news shortly. --ado' A Google search does not yet reveal anything about this; does someone know what is going on?"

Comments

Astrolabe, Inc. v. Olson et al

[millert]

Not a lot of detail here:
http://www.rfcexpress.com/lawsuits/copyright-lawsuits/massachusetts-district-court/82641/astrolabe-inc-v-arthur-david-olson/summary/
http://dockets.justia.com/docket/massachusetts/madce/1:2011cv11725/139342/

but appears to be a copyright infringement suit.

Re:Astrolabe, Inc. v. Olson et al

[idontgno]

This blog article has an analysis of the action. It appears, essentially, that Astrolabe publishes an altas that the tz database is based on (in terms of reproducing time zone information from the atlas in the db):

Defendant Olson's unauthorized reproduction of the Works have been published at ftp://elsie.nci.nih.gov/tzarchive.qz, where the references to historic international time zone data is replete with references to the fact that the source for this information is, indeed, the ACS Atlas.

I thought the issue of whether you could copyright facts (e.g., phone numbers, timezone values for specific locations) was already settled law.

Re:Astrolabe, Inc. v. Olson et al

[Tridus]

This is America, lawyers don't bother with minor details like the law before filing lawsuits. There's lawyer fees to be made!

Re:Astrolabe, Inc. v. Olson et al

[grimmjeeper]

The law may be settled but that doesn't stop people from filing suit anyway. They may either think they have a notable enough exception or they're just working with a lawyer who knows he's going to lose but is getting paid to do what the client tells him to do (after doing his due diligence of informing them of the probable outcome).

Re:Astrolabe, Inc. v. Olson et al

[loftwyr]

Looks like the Plaintiff's Lawyer don't care about a lot of things: "Sandwich Planning Board Member Julie C. Molloy Fined $3,000 for Improperly Representing Clients Before the Sandwich Zoning Board of Appeals"
http://www.mass.gov/?pageID=ethpressrelease&L=4&L0=Home&L1=Commission+Meetings+and+Publications&L2=Commission+Press+Releases&L3=2008+Ethics+Commission+Press+Releases&sid=Ieth&b=pressrelease&f=2008_molloy_0521&csid=Ieth

Re:Astrolabe, Inc. v. Olson et al

[aevan]

Apparently.

Re:Astrolabe, Inc. v. Olson et al

[Ghostworks]

As usual, IANAL, but...

The trouble is, you now CAN copyright databases. It's been made explicit in EU law, but I think it's still defensible under US law. The idea is that the organization of facts is copyrightable (take for example, encyclopedias, atlases, etc.). The trouble is, copyright transcends specific media, while a database separated from a specific medium is a mundane collection of facts. The argument here is that Olson's TZ database just cribbed Thomas Shanks' atlas.

This seems like it's troll action. They're not going to be able to get anything of value out of Olson, so they probably want to get a judgment against him as leverage for payments from companies that uses the timezone database through Linux. On the other hand, those companies would be insane not to just bankroll Olson's defense. It's seems like a pretty weak case in a gray area, so it could go either way. Since Olson has announced his desire to retire from the project, I guess this was a "now or never" opportunity for the trolls.

As a side note, the infowars portion of the suit has begun. The reference to Shanks on the "Tz database" page was added as close to the top as could be managed by user JulDes on Sept. 3, which seems to be the day the account was created. As of May 2006, "Thomas Shanks" on Wikipedia redirected to Irish footballer Tommy Shanks. As of One month ago, it now instead has information on the otherwise unknown author of the American Atlas, 1978, ACS publications. The editing account, "TZ Master" seems to have been created expressly for the purpose 5 minutes earlier.

Re:Astrolabe, Inc. v. Olson et al

[demonbug]

What the heck is a "Sandwich Planning Board Member"?

Well, obviously you can't just jump right in and make a sandwich. My God man, what if something goes wrong? You could have mayonnaise, pickles, and cold cuts everywhere! No, any responsible community will have a Sandwich Planning Board to ensure that sandwich preparation follows rigorous guidelines to avoid this kind of disaster. This Ms. Malloy probably represented to the Board that her clients were experienced in the proper production of PB&J sandwiches when in fact they had never successfully completed even a PB sandwich, never mind the added complexity introduced by the use of gelatinized fruit products.

Given he had retirement plans how unfortunate

[realxmp]

Just was reading http://tools.ietf.org/html/draft-lear-iana-timezone-database-04 apparently it looks like Arthur Olson was planning to retire. IETF was planning to take on the custody of the role and host the list? I wonder if this is related?

Complaint Text

[apilosov]

I've pulled the complaint from PACER and uploaded it to docstoc:

http://www.docstoc.com/docs/98231225/ACS-Atlas

PACER

[pirodude]

COMPLAINT, REQUEST FOR INJUNCTIVE RELIEF, RESTRAINING ORDER,
DAMAGES AND TRIAL BY JURY
Parties
1. Plaintiff, Astrolabe, Inc. [hereinafter “Astrolabe”], is a for-profit
Massachusetts corporation with a principal place of business at 350 Underpass
Road, P.O. Box 1750, Brewster, Barnstable County, Commonwealth of
Massachusetts 02631, and is engaged in the business of publication, marketing
and sale, including computer software publications and/or programs
pertaining to the field of astrology.
2. Defendant, Arthur David Olson [hereinafter “Olson”], is an individual with a
last and usual residence at 7406 Hancock Avenue, #2, Takoma Park,
Maryland 20912, and with a usual an ordinary place of business as a computer
specialist at the Laboratory of Experimental Carcinogenesis, Building 37,
Room 4146A, National Cancer Institute, National Institute of Health, 37
Convent Drive, MSC 4262, Bethesda, Maryland 20892.
3. Defendant, Paul R. Eggert [hereinafter “Eggert”], is an individual with a last
and usual residence in the State of California, who is engaged in the business
of computer services and programming, and employed as a lecturer with the
University of California, Los Angeles, Computer Science Department, with a
principal business address of: UCLA Computer Science, Box 951596,
4532JBH, Los Angeles, Calfiornia 90095-1596.
Case 1:11-cv-11725-GAO Document 1 Filed 09/30/11 Page 1 of 5
Jurisdiction
4. Pursuant to a written agreement, Astrolabe is the copyright assignee of the
copyright owner, of certain copyright-protected computer software programs
and information contained therein, pursuant to the Copyright Protection Act,
17 U.S.C. Section 101, et seq., known as the “ACS Atlas,” consisting of both
the “ACS International Atlas,” and the “ACS American Atlas,” in the form of
computer software program(s) and/or data bases, and in the form of electronic
output and future electronic media from said programs [hereinafter “the Works”].
5. These atlases set forth interpretations of historical time zone information
pertaining to innumerable locations throughout the world, based upon the
compilation of historical research and documentation regarding applicable
time zones officially and/or in actuality in effect, given the actual latitude and
longitudes of specific locations throughout the world.
6. Upon information and belief, defendants Olson and Eggert have unlawfully
reproduced the Works, in violation of the Copyright Protection Act, without
proper permission and/or authorization from the copyright holder, and without
paying royalties due and payable to the copyright holder and/or its assignee,
Astrolabe, in computer software format.
7. Plaintiff, Astrolabe publishes, markets and sells its ACS Atlas programs (the
Works) for commercial profit purposes to, inter alia, those interested and/or
engaged in the business and field of astrology seeking to determine the
historical time at any given time in any particular location, world-wide.
8. In connection with its rights to reproduce the Works, plaintiff Astrolabe is
contractually obligated to pay royalties to the owner/assignor of the copyright
and the authors of the same.
Facts
9. Defendant Olson’s unauthorized reproduction of the Works have been
published at ftp://elsie.nci.nih.gov/tzarchive.qz, where the references to
historic international time zone data is replete with references to the fact that
the source for this information is, indeed, the ACS Atlas.
10. In connection with his unlawful publication of some and/or any portion of the
Works, defendant Olson has wrongly and unlawfully asserted that this
information and/or data is “in the public domain,” in violation of the
protections afforded by the federal copyright laws.
11. Defendant Eggert’s unauthorized repro

Has to do with TZ change dates

[Phoenix Rising]

Here's a decent and quick summary, clipped in part from the complaint. Short version: Astrolabe, Inc. has purchased the copyright to the American Atlas and is claiming that because Olson and others used the atlas as a source for some timezone information, the entire database infringes.

http://www.thedailyparker.com/PermaLink,guid,c5f28bae-4b9c-41ea-b7b7-8891ad63c938.aspx

Of course, the timezone information itself is public - the atlas only collected it.

Defenses and motivations

[PatentMagus]

Whoever related this to the SCO litigation is closer than he knows. The timezone database has been widely hosted and replicated - most notably on *.gov servers. A finding of copyright infringement could allow the plaintiff to collect against all sorts of entities - including the US government. I also suspect that statutory damages are possible. So, winning this case would be a massive massive payday.

The defenses include that the data itself is factual and that the atlas data itself has been used openly and notoriously for so many years that the copyright is extinguished by laches. Something that can add strength to the defense is that the form (as in formatting, data storage, etc.) of the factual data is different.

Regardless of all that, this case could get pushed pretty far through the appeals process. Those US government pockets are deep are about as deep as they get. Someone also mentioned IBM's bug squashing abilities. Has the database been hosted off a *.ibm.com location?

For those wanting to check out the case law, the place to start is:
Feist Publications, Inc., v. Rural Telephone Service Co., 499 U.S. 340 (1991)

In a more open source centric mode, has anyone thrown down a web site for gathering timezone info?