Re: Legal Aspects of Quizbowl

--- In quizbowl_at_yahoogroups.com, "bucktowntiger <jdh22_at_c...>" 
<jdh22_at_c...> wrote:
> Here's my thing.  Sometimes (and I'm not saying that Chip 
Beall did 
> this) the apparent plagiarism of a question is not known by an 
author 
> when writing a question.

OK. It's certainly not unimaginable that such a thing might 
happen from time to time. 

There are a finite number of ways to structure a question on the 
"Battle of Waterloo" or "Diels-Alder Reactions" or "England Dan 
& John Ford Coley." 

>From a lawyer's standpoint, copyright law, unlike patent or 
trademark law, does not protect the original author from 
"independent creation."  Which means that if a defendant can 
prove that he/she created the work without any knowledge or 
awareness of the existence of the prior work, there is no 
infringement. (A court is of course going to cast a skeptical eye 
at a defendant who claims to have  independently written the 
exact same 96,542 word novel as the planitiff .) The big 
battlefields in this area of law are software "reverse engineering"  
cases and artistic design cases.  (Contrast with patents, where, 
if your invention is already patented by someone else, it doesn't 
matter if you knew about their invention or not.)

If it would objectively make sense to write a question the same 
way it's already been written, someone might conclude that, well, 
great minds sometimes think alike.  There's no prohibition 
against using the same clues again, nor should there be. 
But...IIRC, we've seen plagiarists copy factual errors, 
missepellings, and poor grammar as well as clue content. And 
when that happens, it's strong evidence against independent 
creation.   

So, no, I wouldn't expect writers to conduct a question search to 
make sure their question hasn't been written before. In fact that 
requirement, if it were to exist, might do more harm than good by 
encouraging the increased use of esoterica and minutia in QB 
questions. 

-Tim Young

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