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internetworkers - RE: [internetworkers] [Fwd: Inappropriate e-mail you may have rec eived about Silent Sam]

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Subject: Internetworkers: http://www.ibiblio.org/internetworkers/

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  • From: Paul Jones <pjones AT metalab.unc.edu>
  • To: "Internetworkers: http://www.ibiblio.org/internetworkers/" <internetworkers AT lists.ibiblio.org>
  • Cc: inls281 AT listserv.unc.edu
  • Subject: RE: [internetworkers] [Fwd: Inappropriate e-mail you may have rec eived about Silent Sam]
  • Date: Wed, 23 Apr 2003 10:31:21 -0400 (EDT)

i'm sure this 'copyright' claim went through the UNC lawyers who probably
were thinking of proCD v Zeidenberg instead of feist v rural telephone. in
both cases, though copyright did not prevent reuse of the compiled facts
within the databases. on the contrary, copyright law allows for reuse of
facts which are not 'creative expressions.'
proCD prevailed over Zeidenberg's reuse of their compiled 'work' (in this
case phone numbers) not on copyright law, but on enforcement of proCD's
shrinkwrap license (as decided in the 7th). such a case has not been
decided in the 4th, so UNC is on strong but not definitive position here.
the 4th may not be as strong on shrink wrap licenses as the 7th and the
case at hand is not about competition (as proCD was), but about individual
reuse and possibly free speech which would trump the license i believe.

==========================================================================
Paul Jones
"Gort! Klaatu barada nikto!"
http://www.ibiblio.org/pjones/ at the Site Formerly Known As MetaLab.unc.edu
pjones AT ibiblio.org voice: (919) 962-7600 fax: (919) 962-8071
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