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May 11, 2007
Now this is a good one
[Pic]
I've seen some pretty asinine lawsuits in the last few days, and this one is right near the top. One kickball league is suing another kickball league for copyright infringement, on the basis that they copied two rules: that there be 4 boys and 4 girls on the field, and that players must be 21.
I am surprised this hasn't been, uh, kicked out of court yet. I have a few reasons: first, it is hard to copyright a rule, especially one as basic as a player requirement. It is also clear the plaintiff didn't invent kickball, nor is 4 boys and 4 girls a clearly unique rule. (Despite their claim otherwise.)
Rules are afforded "thin" copyright, so that usually the idea behind the rule isn't protected, but the expression of the idea is. Supposing I started a kickball league, and I said the rule was this: On the field of play, there must be not one, not two, not three but four human beings of female variety, preferably hot but any female will do. These females may play any position they wish, so long as there are four of them and they meet all other eligibility requirements to play. And, oh yeah. Bring 4 guys along too. Whatever, they are just there to get drunk and work on their beer guts.
Now, if somebody started a league and copied that rule verbatim, I could possibly claim copyright infringement. If instead they said, "There must be 4 boys and 4 girls on the field," I couldn't rightfully claim they infringed my copyright.
And so, I don't know how there is infringement here. Even if the rule was copied verbatim, there are only so many ways to express a rule, or a law. If somebody wants to play devil's advocate on this thing, I'd love to hear an argument.
entry no. 848
Posted by oz115 at May 11, 2007 12:03 AM