copyright question

[DrPizza]

I wasn't sure where this question was best - software or here.

I use a software program for preparing quizzes & homework problems. The format of the databases is proprietary. However, the software allows me to create my own databases of questions. Each year, the company that makes that software sells an updated database of questions. All they do is add in the questions asked on the state exam the previous year. Each updated database is around $100. Thus, the questions are NOT copyrighted by the company. It's just that the questions are formatted for their database. Thus, typing
"When expanded, (x+3)² =
a) x²+9
b) 2x+6
c) x²+6
d) x²+6x+9 " costs more than $1 to purchase (times a lot of schools that use that software.)

Would it be copyright infringement for me to sell the databases if I created them (or heck, to just give the databases away?) I'm aware of a less proprietary program where people DO create the databases & give them away every time there's another state exam.

I *think* this would be the same situation as creating a different map or world for a game that you would play on the PC. Is allowing users to create their own maps under the blessing of the company that makes the software? Or, say, someone created a map that was better than the companies maps that came with the game - could someone sell those better maps (if even only for a dollar?)

(Heck, if I could legally undercut their prices, math is a pita to type up. I could type an entire state exam in other subjects, and format it for their database in just a couple hours. That's $50 an hour if just one person bought it at full price.)

 

[lxskllr]

Since the db is proprietary, you'd be selling something you didn't own, no? To get around that, a script that loaded the questions into the /buyers/ database would probably work.

 

[DrPizza]

I think a good way to put it might be like this:

Can I create a lot of formulas in Excel to make a process easier, and sell the Excel spreadsheet that I created? (The purchaser would have to have a valid copy of Excel that they paid for.) Or could Microsoft sue me for that?

Or, let's say that Microsoft sells Excel. And, Microsoft creates a spreadsheet of every football score each year and sells that spreadsheet for $100. (you're probably thinking, "what a ripoff. 100 for that?!" - And, this educational software is just that - a ripoff. The sell copies of the previous year's exam for $100 - when it's public domain. Simply because they format it for their software.) Could I create the same spreadsheet in Excel & just give it away? I think this analogy is pretty close to what I want to do.

 

[edro]

I think there is a big difference between giving away something and making money off of it.
I think you would stand a much better chance in court if you provided the databases for free than if you charged for them.

You said that the database is a proprietary format. How do you open them to edit them?
If their software is required to open, edit or create the databases, I think it is infringement.

I'm not an expert... I am just thinking through it logically.

 

[calvinbiss]

I have no business answering this questions, but based on your analogy to to excel, I would think that you could give them away, but I don't know that you could sell them.

All kinds of people make stencils for Visio for example, and post 'em up on the internet for anyone to download and use. Is there any difference here? I think not.

 

[lxskllr]

I'm not an expert by a long shot, but a compilation of public domain facts can be copyrighted as a specific compilation. If yours was a different compilation, I think you could sell that. In other words, using the exact questions from the commercial version would be a violation, but if you used different questions, or arranged them differently, it wouldn't.

Edit:
Thinking about it more, you'd probably have to read the EULA for the software. Unreal Tournament allows you to create, and distribute game elements, but sale is verboten. If I were to do it, I'd look into building from scratch using free software, or insert what you want externally not using their tools.

 

[Vageetasjn]

Does the software company have special permission to use the questions or are they public domain?

edit: you seem to think so (post 3). Let me revise my question to you. You want to take the questions straight from the state exam, arrange it using solely your own effort, completely bypassing the software company product? That sounds fine as long as you're not copying some kind of proprietary technique that the software uses.

They can always sue you just as anyone can sue anyone, but whether they'll win is the question.

 

[kranky]

If I understand correctly, you have access to the state exam questions also. You want to create a database using those questions and sell it to people who own the program that uses a database to create quizzes and homework.

You would be in the clear IMO. If people can create their own databases for use with the program, then there's nothing wrong with it.

 

[xalos]

You could also look into creating a mysql database and giving that away for free with a "smaller" more trial sized version of the actual data. Then, you could sell a more elaborate version with state questions and whatever else for a few bucks and have yearly updates with new test questions.

 

[EagleKeeper]

As long as you do not extract data from their DB you would be fine.

The moment you reach into their data; then a potential for copyright ensues.

 

[waffleironhead]

If all they are doing is taking the information from pages like this and entering them into a database you create, then you should be fine making your own.

As long as you are making your own database and freely distributing it, I dont see the problem.

 

[lxskllr]

If all they are doing is taking the information from pages like this and entering them into a database you create, then you should be fine making your own.

As long as you are making your own database and freely distributing it, I dont see the problem.

There could be issues with using their tools; like using a student version of Autocad for professional work.

Sometimes being right isn't enough when you're small, and being preyed upon by corporations. That's why I like the idea of starting from scratch, and using libre software. You have all the rights you're supposed have, and aren't artificially limited.