act of authorship.....The first person to find and report a particular fact has not created the fact; he or she has merely discovered its existence.” Id. at 347-48, 111 S.Ct. 1282. With these principles in mind the Supreme Court held in Feist, 499 U.S. at 361-62, 111 S.Ct. 1282, that names, towns, and telephone numbers which are listed in a telephone directory are not copyrightable. Likewise, census data “does not trigger copyright because these data are not ‘original’ in the constitutional sense.” Id. at 347-48, 111 S.Ct. 1282 (citing Nimmer, § 2.03). Also, “scientific, historical, biographical, and news of the day” may not be copyrighted and are part of “the public domain available to every person.” Id. at 348, 111 S.Ct. 1282 (citation omitted). See also Motorola, 105 F.3d at 847-48 (<HOLDING>) (emphasis added). This court has found above
holding that the video games at issue are expressive and qualify as speech for purposes of the first amendment holding that poker and bridge are predominately games of chance holding that the first amendment protects communicative aspects of video games holding that while broadcasts of basketball games are copyrightable the scores of basketball games represent purely factual information which any patron of an nba game could acquire from the arena as such the underlying games are not copyrightable holding that broadcasts of national basketball association games are copyrightable but that the games themselves are not copyrightable as such copyright preemption did not apply