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Re:Enclosing the public domain: The restriction of public do... by mcherm on Wednesday December 31, 2014 @08:22AM (#8819233)
I am not familiar with this "crazy argument".

On the contrary, Feist Publications v. Rurual Telephone Service Company[1] (SCOTUS, 1991) and Bridgeman Art Library v. Corel Corp[2] (NY district judge, 1990) both seem to show that scanning a document without original authorship does NOT support copyright in US law.

Do you have any sources that refute this?

[1] http://www.law.cornell.edu/copyright/case/499_US_340.htm

[2] http://www.law.cornell.edu/copyright/cases/36_FSupp2d_191.ht...

Re:Enclosing the public domain: The restriction of public do... by Finster on Wednesday December 31, 2014 @10:35AM (#8819718)
I suspect he's referring to all the litigation surrounding Google Book Search.

http://en.wikipedia.org/wiki/Google_Books#Copyright_infringe...

But as far as I know, there has been no ruling, yet, as everything is either still pending, or settled out of court.