The moral, personal, social issues and opinions are just as relevant here. I don't know what's "right" and "wrong" legally in this particular case. If he truly believes that his legal rights have been violated and that he cannot get a satisfying solution, he can take it to court. Otherwise he and everyone else should accept that the issue will be debated both legally and based on opinions.
Morality is a completely separate issue, and I do 100% believe that copying anyone's data without prior consent is wrong.
My argument is based on the fact that copyright is a legal term and as such is not a moral issue.
Yes. They would be able to sue each other if they started mining from each other, but they would have to show that the offending party did indeed copy the data from them rather than mining it themselves.
Actually, in this case they wouldn't. The original data source is publishing the exact same data that each client has, they wouldn't be able to sue based on the availability of the information. Remember we're talking about information here not the display.
Quote from Cogwheel »
Except you ignore my other posts that have said derivative works are equally covered. If you can show that the data was indeed copied and reformatted, then it would be judged a violation of copyright. If you can't prove it then... well... innocent until proven guilty prevails.
You seem to think I'm contradicting myself when I'm not.
I'm not ignoring your previous comments, and your right if the data was originally created by the author then he would have a case. I'm still pounding on the point that the original data source is still the public domain, as Blizzard has allowed it to be there, and that even if this addon author manipulates the data it's not his to copyright.
If Blizzard came by and said "Oh, this positioning is neat, we're going to use it when we start doing 3D models by default!", would they be subject to copyright infringement? I would hope not is it was their data to begin with only having someone, or many people, just moving their co-ordinates and changing their size values.
Quote from Cogwheel »
Not really. You are obligated to drive within the speed limit even when cops aren't around. WoWAce is obligated to remove copyrighted works whether you sue them or not. Suing is simply a remedy for when they don't act the way they're supposed to.
This is incorrect. If his copyrighted content were on the site (his addon package) and he requested his software to be removed, after confirming his identity, the site owners would be required to remove that content. In this case the author of the addon is not the person requesting content removal. In this case the copyright owner must present proof of ownership before the site owner is required to take down the content. That is, if the content is indeed protected under copyright which I do not believe it is.
I'm no judge, nor do I know how the information has been changed or saved.
From this example what I'm seeing is that information is being data mined, by hand or by script, then being manipulated by size and by location.
I see a parallel argument between WoWHead, WoWDB, Thottbot, etc etc. All these sites have access to central information (World of Warcraft) and each other. If anyone of the sites started datamining each other would you be able to sue them? Even if they copied the same data structure, like how WoWHead and WoWDB are very similar, the data is still in public domain.
The data source, even if manipulated, is still public domain data.
Quote from Cogwheel »
To reiterate and put another way, Mazzle doesn't have copyright over the information itself, only the manner in which it is manifested.
In your example I'd be able to change the table structure and everything would be fine. This does not strengthen your argument.
Well the data isn't available via the API. The API provides a baseline of coordinates that are then hand-tweaked to show the model in the right size/proportion/etc. This data was not created through some data transformation or download, but rather by hand.
Right, the data was taken from 3rd party API, translated and sized, then stored. Those operations on that data also can not be copyrighted.
It doesn't matter if that data was changed 'by hand' or by a computer program, the data origins are from an outside source and are freely available. The author(s) of the addon do not own the data in question.
Example. I go through the telephone book and add international dialing codes to each phone number in my city. I then publish this information on my city's website home page, at the bottom of each page there is an explicit copyright notice covering all information throughout the site. I find that a local phone store is printing out this information and distributing it to each customer that buys a phone. Can I sue for copyright infringement? I can try but because the information is in the public domain to start with and I am only adding, or translating the information, I have little case to present.
Copyright does not cover ideas and information themselves, only the form or manner in which they are expressed. For example, the copyright to a Mickey Mouse cartoon restricts others from making copies of the cartoon or creating derivative works based on Disney's particular anthropomorphic mouse, but doesn't prohibit the creation of other works about anthropomorphic mice in general, so long as they're different enough to not be judged copies of Disney's. In many jurisdictions, copyright law makes exceptions to these restrictions when the work is copied for the purpose of commentary or other related uses (See Fair Use, Fair Dealing). Meanwhile, other laws may impose additional restrictions that copyright does not ? such as trademarks and patents.
If I understand the code in question, it's solely comprised of co-ordinates for the placing of 3D models - models and artwork not included just co-ordinate data. This information, which is freely openly obtained data through a 3rd party API, would then not be qualified for copyright protection, no?
Also, looking at your arguments about enforcement, it's not the responsibility of WoWAce, WoWUI or Curse to enforce copyright law. The owner of the code would be required to act on infringement and after such infringement were confirmed the sites would then be legally obligated to remove such copyrighted material from their sites AFTER official notice.