in short csw claimed he owned the literary rights to the blockheader 'file'
however the judge knew enough about bitcoin to know the data in the blockheader is not a fixed quote nor a file in of itself(80bytes). its a block of data thats now over 1mb in length
even if changing the claim to not mention blockheader(80bytes) as a file. but instead as a chapter(blockhead) of a book(block). it still fails the test of bitcoin(btc) using a quote of copyright literacy. due to bitcoin(btc)not using fixed data/quote
but lets just prove the point about the blockheader format(literacy paragraph/quote)
[version] changed from 1 to 2 in 2012, to 3,4 in 2015
[prev block id] changes every block
[tx merkle] changes every block
[time] changes every block
[difficulty] changes every 2016 block
[nonce] changes every block
thus bitcoin is not using a fixed quote of literacy fixed into every block
a block in 2009 is different to a block in 2013 is different to a block in 2016 is different to a block in 2023..
Whilst I accept that the law of copyright will continue to face challenges with new digital technologies, I do not see any prospect of the law as currently stated and understood in the caselaw allowing copyright protection of subject-matter which is not expressed or fixed anywhere.
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ii) Second, Counsel submitted that fixation was a pure formality, imposed so that there can be no argument later as to what the copyright work is. On that basis, he submitted, there was sufficient fixation in this case, because there is no doubt as to what the Bitcoin File Format is. This is another non-sequitur, which is also based on a complete misunderstanding of the requirement for a fixation.
The Claimants may consider themselves unlucky to have had their application for leave to serve out come before a Judge with at least some understanding of the technology involved here. However, since I identified the issue and have given the Claimants numerous opportunities to address it, I am unable to take what might be termed the 'easy' option and allow this claim to literary copyright to proceed. If, as I have found, there is no serious issue to be tried, I see no reason why any of the Defendants should be burdened with this particular claim. Counsel happened to mention that some of the Defendants might not defend the claim, giving rise to the prospect of the Claimants obtaining judgment in default against them. Again, in view of my conclusion, I see no reason why the Claimants should obtain a judgment in default on the claim for infringement of copyright in the Bitcoin File Format.
Accordingly, I give permission to the Claimants to serve a Re-Amended Claim Form and Amended Particulars of Claim out of the jurisdiction on the relevant Defendants on condition that the claims of and concerning infringement of copyright in the Bitcoin File Format are deleted.
At the conclusion of the hearing, I asked Counsel how he suggested the claim should proceed if I were to rule against the Claimants on this point. He wished to take instructions on the point. We agreed he would send a note indicating the Claimants' position, which he did. In effect, the Claimants wish to serve the proceedings out of the jurisdiction in respect of the remaining causes of action to enable the claim to proceed. In addition, the Claimants seek permission to appeal on the basis that the issue raises 'a point of law concerning the requirement for fixation in this type of case on which an appeal court may take a different view and on which there appears to have been no ruling in earlier decided cases'.
Consistent with my conclusion, I refuse permission to appeal. If the Court of Appeal disagrees, then the Claimants will obtain permission to appeal from that Court.