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Subject:
Can an application legally use the database of another?
Category: Computers > Software Asked by: ukprogrammer-ga List Price: $10.00 |
Posted:
20 Oct 2004 11:32 PDT
Expires: 19 Nov 2004 10:32 PST Question ID: 417637 |
Do you believe it would be legal for me to write a software application that made use of the database originally created by another? In this situation all customers that would purchase the new software have already purchased this existing application, that has created data in Oracle and SQLServer accounts that the customers are responsible for administrating themselves. Is there such a thing as copyright of a database schema? If I were to export the data from this database to another, would this be different to accessing the original? The application is in use in the UK and the US. Just for info, the schema is nothing amazing, it'd just make upgrading to our replacement system more painless for these customers if there was as little changing as possible. The background is that the US company we work for now is selling its product to a middle-eastern software house. Amazingly, some of us don't want to go along for the ride! We were originally put in our own offer to buy the product, but the price they're asking is ridiculous. Got around to thinking that as most of the software is decrepit anyway, we don't actually need it if we could get the customers to switch to a brand new one (totally different code and graphical presentation). |
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There is no answer at this time. |
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Subject:
Re: Can an application legally use the database of another?
From: stephenvakil-ga on 20 Oct 2004 11:43 PDT |
License agreements generally will disallow this activity, as it would constitute what they consider altering the functionality of the program. Whether or not that agreement is enforceable or not is a different question. Have you checked the license agreement? |
Subject:
Re: Can an application legally use the database of another?
From: ipfan-ga on 20 Oct 2004 13:33 PDT |
The recent 7th Circuit case called AT v. Wiredata located at http://www.ca7.uscourts.gov/op3.fwx?submit1=showop&caseno=03-2061.PDF (you have to download the file and give it a .pdf file extension to open it) is right on point. It holds that you cannot use copyright law to deny access to uncopyrightable facts. Current copyright law holds that most databases are merely compilations of raw data, and raw data is not protectible in copyright. Now, the trick is determining whether the underlying database really is nothing more that an assemblage or raw data or if the authors have imbued it with enough creativity and originality in the selection, arrangement and presentation of that data such as to make those aspects of it copyrightable. See Feist Publications, Inc. v. Rural Telephone Service Co., 499 U.S. 340 (1991) (http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=499&page=340). See also Mywebgrocer v. Hometown Info, (2d Cir. 2004, No. 03-7909, July 13, 2004) (http://caselaw.findlaw.com/data2/circs/2nd/037909p.pdf) (holding that even an otherwise uncopyrightable assemblage of facts may merit copyright protection if evidence suggests some creativity was employed in the selection, order or arrangement of the otherwise unprotectible facts.) Because of the uncertainty in the case law and because of the fact current statutory law does not protect true, raw databases, there have also been recent legislative efforts to protect databases, despite what copyright law says. You might want to check on the status of H.R. 3872 (http://thomas.loc.gov/cgi-bin/bdquery/z?d108:HR03872:) and H.R. 3261 (http://thomas.loc.gov/cgi-bin/query/D?c108:2:./temp/~c1080b7KRe::) So, if you write an application that pulls data from another preexisting database, you are not infringing US copyright law unless it is determined that that underlying database does merit copyright (or statutory, if those laws pass) protection. That is a very fact-based inquiry, and I think you need to consult with a copyright lawyer to whom you can show the actual database. |
Subject:
Re: Can an application legally use the database of another?
From: dreamboat-ga on 21 Oct 2004 05:38 PDT |
If I can write an Addin for MS Excel and sell it, I don't see why you can't write an "add on" for this program and sell it...but that's just my humble opinion. |
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