EFF Wins Protection For Time Zone Database

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EFF Wins Protection For Time Zone Database

Posted by samzenpus on Thursday February 23, 2012 @01:08AM from the it's-about-time dept.

First time accepted submitter TempestRose writes "The trials and tribulations of the time zone database sued by an astrology software company are finally over. From the article: 'The Electronic Frontier Foundation (EFF) is pleased to announce that a copyright lawsuit threatening an important database of time zone information has been dismissed. The astrology software company that filed the lawsuit, Astrolabe, has also apologized and agreed to a 'covenant not to sue' going forward, which will help protect the database from future baseless legal actions and disruptions.'"

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Astrolabe Needs ... by Anonymous Coward · 2012-02-23 01:11 · Score: 5, Funny

Astrolube ... 'cuz they just got screwed
whooo by starblazer · 2012-02-23 01:11 · Score: 5, Insightful

patent and copyright trolls gone mad..... seriously... a text file with cities and the time offset?? when will the stupidity end?
1. Re:whooo by Sique · 2012-02-23 01:17 · Score: 5, Informative
  
  In most EU legislations, databases are copyright (or Author's right) protected, even when the actual items in the database are not. So a database of historical events or facts actually can be protected.
  
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  .sig: Sique *sigh*
2. Re:whooo by DZign · 2012-02-23 01:18 · Score: 5, Funny
  
  they probably read in the stars they weren't going to win :)
  
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  Learn about pinball machines on www.flippers.be
3. Re:whooo by Registered+Coward+v2 · 2012-02-23 02:01 · Score: 5, Informative
  
  In most EU legislations, databases are copyright (or Author's right) protected, even when the actual items in the database are not. So a database of historical events or facts actually can be protected.
  As I understand copyright law, that is also the case in the US if the collection meets some minimum requirements - however the underlying facts aren't copyrightable; which was the issue with the TZ dB. Anyone can compile a list of sunrise times from copyrighted sources and publish it; they can't however copy the book it's in and make it available to others.
  
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  I'm a consultant - I convert gibberish into cash-flow.
4. Re:whooo by Zironic · 2012-02-23 02:22 · Score: 5, Interesting
  
  It's a bit tricky. Since the database is copyrighted (Your arrangement of the data) but the data itself isn't, it's illegal to copy the database and use it without permission, but it's legal to make your own Database containing all the same facts.
  I think what most Database authors do is that they put bogus data entries into their database and if they can find their entries in someone elses database, they can show that it's a copy rather then a independent work.
5. Re:whooo by sjames · 2012-02-23 03:57 · Score: 3
  
  I can believe Astrolabe made an error, but I would sure like to know why their lawyers didn't just explain it to them. I would also like to know why their lawyers aren't in for a reaming from the court. If they KNEW the law, then as officers of the court they should have refused to have any part in the suit, and if they didn't, it was up to them as professionals to find out.
6. Re:whooo by Anonymous Coward · 2012-02-23 05:07 · Score: 2, Informative
  
  All of these are facts, but only one of them is true, and that's a fact.
  No it isn't. By definition facts are true. The bogus data are not facts.
  No they aren't. In computer science, a fact is a data value, without any implications about the trustworthiness of the data. In general science, a fact is a verifyable observation, with no certainties about its truthfulness until said verification has been done. In law a fact is a statement which is found to be true by a trier (like a jury), which still doesn't make it true per sé. I think in philosophy a fact is actually true, but that's not my area, ask someone with a beard and Birkenstocks.
  There are many false facts, they simply have a tendency to stop being facts once their falsehood becomes well known.
7. Re:whooo by sjames · 2012-02-23 08:48 · Score: 2
  
  It got close enough for the EFF to threaten them with rule 11. That makes it close enough for disciplinary action.
Donate by Anonymous Coward · 2012-02-23 01:19 · Score: 5, Insightful

Yet another reason to click on that "Donate" button on the EFF site.
1. Re:Donate by MMC+Monster · 2012-02-23 02:53 · Score: 4, Interesting
  
  I donated for the first time when the whole SOPA thing was the pressing matter. I'll probably donate again today.
  The EFF matters. Their core beliefs match mine more so than most of the places I donate to.
  I'm a geek, and they do good for geeks. That's good enough for me.
  
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  Help! I'm a slashdot refugee.
Strange.. by Walterk · 2012-02-23 01:20 · Score: 4, Funny

that they didn't read this in their horoscope..

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"If anyone needs me, I'm in the angry dome."
You won this time EFF, but I'll get you next time! by slack_justyb · 2012-02-23 01:26 · Score: 5, Interesting

From the submitter:

which will help protect the database from future baseless legal actions and disruptions.
From them maybe. The current warfare of the patent/copyright system has come to a point where, even if one line of defense does not seem to work, companies are free to pursue a different course of action and see if they cannot get different results. Hence why, to many, the current system is broken. It simply is no longer being used for the reason for which it was created.
You know of course... by wbr1 · 2012-02-23 01:36 · Score: 4, Funny

...that Astrolabe could not claim to hold copyright on facts such as when the sun rises. What TFA fails to state is that this is because Apples owns the patent on it.

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Silence is a state of mime.
1. Re:You know of course... by Calsar · 2012-02-23 02:26 · Score: 5, Funny
  
  ...that Astrolabe could not claim to hold copyright on facts such as when the sun rises. What TFA fails to state is that this is because Apples owns the patent on it.
  I thought Oracle owned all the Sun patents.
I'd like to be the first to say by DanielRavenNest · 2012-02-23 02:00 · Score: 2

"It's about time."
Incompetence by mbone · 2012-02-23 02:03 · Score: 5, Informative

Both Astrolabe and (especially) their counsel were incompetent here. Counsel never even served Eggert and Olson after filing a complaint September 30th. IANAL, but I think that they had to do that by January, and I assume that that had something to do with the EFFs statement January 12th :
"Today, we’re taking the battle to Astrolabe, and starting the process for seeking sanctions under Rule 11 of the Federal Rules of Civil Procedure.Rule 11 requires litigants to conduct a reasonable inquiry into the facts and law before filing any paper with the court. Obviously, that didn’t happen here. Astrolabe now has 21 days to withdraw its Complaint. If it doesn’t do so, the Rule 11 “safe harbor” expires and we’re free to ask the court for sanctions.
Jan 12 + 21 days is Thursday, February 2nd. I imagine that Astrolabe and their counsel dropped the suit to avoid these sanctions.
I'd like to be the first to say by MRe_nl · 2012-02-23 02:11 · Score: 4, Funny

Sacrifice Astrolabe: Add two mana of any one color to your mana pool. Draw a card at the beginning of the next turn's upkeep.

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"Kill 'em all and let Root sort 'em out"
Not good enough by ilsaloving · 2012-02-23 02:24 · Score: 4, Interesting

Oh gee, thanks. They promise not to sue again. I'm sorry, but I don't accept this whole "We made a mistake" argument. If a parent sits there watching their child tap dance in the middle of a raging bonfire, "I made a mistake" isn't going to cut it. Said parent would be charged with criminal negligence.
The company and their lawyers had an obligation to perform their due diligence. They didn't, and in the process of following their greed they turned the life of an innocent developer into a living hell and threatened a critical piece of global architecture.
Both the company and their legal counsel should be counter-sued into a black hole.
There goes the incentive by Sloppy · 2012-02-23 03:40 · Score: 4, Funny

If government doesn't grant a monopoly on the facts of timezones, then what incentive do astrologers have to allow timezones to exist? EFF, you people are ruining the progress of the sciences and useful arts!

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1. Re:There goes the incentive by Chrisq · 2012-02-23 04:19 · Score: 2
  
  If government doesn't grant a monopoly on the facts of timezones, then what incentive do astrologers have to allow timezones to exist? EFF, you people are ruining the progress of the sciences and useful arts!
  Absolutely. Without a financial incentive nobody will ever use a clock again.
Copyright trap by yogidog98 · 2012-02-23 04:24 · Score: 3, Informative

I think what most Database authors do is that they put bogus data entries into their database and if they can find their entries in someone elses database, they can show that it's a copy rather then a independent work.
These are commonly called 'copyright traps' or 'fictitious entries'
http://en.wikipedia.org/wiki/Fictitious_entry
1. Re:Copyright trap by PT_1 · 2012-02-23 07:50 · Score: 2
  
  These are commonly called 'copyright traps' or 'fictitious entries'
  http://en.wikipedia.org/wiki/Fictitious_entry
  Last year Google did a similar thing to Microsoft - by placing meaningless entries in their database - when they suspected Bing was copying their search results.
Flame Fail by FreeUser · 2012-02-23 06:29 · Score: 4, Informative

While most would share your assumption that fact implies truth, and indeed the first three definitions of the word support that view, the 4th and 5th definitions clearly allow for "false facts":

factâ â[fakt]
noun
1. something that actually exists; reality; truth: Your fears have no basis in fact.
2. something known to exist or to have happened: Space travel is now a fact.
3. a truth known by actual experience or observation; something known to be true: Scientists gather facts about plant growth.
4. something said to be true or supposed to have happened: The facts given by the witness are highly questionable.
5. Law . Often, facts. an actual or alleged event or circumstance, as distinguished from its legal effect or consequence. Compare question of fact, question of law.
In legal terms, "false facts" not only exist, they are arguably quite common in legal circles. Most defense attorneys would probably admit as much, over a pint of beer.

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The Future of Human Evolution: Autonomy
In Other News Astrolabe Sues Little Orphan Annie by ukemike · 2012-02-23 07:17 · Score: 2

In other news Astrolabe sues Little Orphan Annie for failing to pay royalties for the use of database in the song Tomorrow.

"The sun 'll come out tomorrow! Bet your bottom dollar that tomorrow, there'll be sun...."

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-- QED