What if the Court says there is no copyright?

CSI Institute
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The transcript of the cross motions for summary judgment hearing in the Zerodocs case was just publicly made available yesterday.

I went through it, and there seems to be a very real possibility that the Court might decide that the numbers and titles in Masterformat are not copyrightable expression.

Then what?

Of course CSI will try to appeal. But what would this loss mean for all the hard work that countless volunteers put in trying to create and protect this standard?

Was the lawsuit really the only viable path to “protecting” this IP? And what about all the folks this standard was “licensed” to?

Of course, I am not a lawyer and I am only speculating.

But one has to ask if the risk was really worth the reward after all…

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My understanding is that “appeal” is to question the process and procedures, not the outcome. Though if processes and procedures were improper, they could impact the outcome.

Remember the judge in this case gave CSI multiple opportunities to restate the claim. This may be the judge’s defense against appeal.

No copyright could mean no persuasive pressure to license.

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Our board has assured us that they considered every possibility and consulted with the best experts in their fields before risking our valuable assets.

Which possibilities and which experts? We don’t need to be burdened with petty details like that. Trust them. In another few weeks or months or years, you’ll thank them for being so smart.

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