BW )(: Can a number be subject to copyright?

[Bob Ham]

On Tue, 2007-05-01 at 16:29 +0100, Peter Ferne wrote:
> Specifically, this number:
> 
> 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0.
> 
> It’s the HD-DVD Processing Key for most movies released so far.

IANAL, however:

It's probably not copyrightable.  Not all human works are copyrightable.
Certain classes such as music, literature, database designs, are.  This
number is a cryptographic key which I don't believe is included in the
classes of works that copyright applies to.

More generally, numbers aren't copyrightable.  However, in the case of
digital information, numbers are used to represent works which are
copyrightable.  A similar analogy would be to vinyl records.

The intellectual claims on the vinyl itself could be, for example,
patents on the method of production.  These days, it seems molecules
themselves are patentable, so there could be a patent on polyvinyl
chloride.  However, these "rights" are all independent of the use it is
put to: storing recorded music, which has its own set of "rights"
involved.

Similarly, there are patents on the method for generating certain
numbers.  Thankfully, I don't believe anyone has tried to claim a patent
on the concept of numbers.

The basic issue is that numbers don't attract intellectual property
"rights" intrinsically.  The use they are put to may do, but that is a
separate issue.  In the case of the HD-DVD key, the most relevant law
would probably be the crisp new information-control legislation courtesy
of the wonderful EU:

  http://www.ukcdr.org/issues/eucd/


Bob

-- 
Bob Ham <rah at bash.sh>
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