Re: [CP-Legal] ZDNET: "Hackers settle Cyber Patrol suit"


To CYBERIA-L@LISTSERV.AOL.COM
From Mike Godwin <mnemonic@WELL.COM>
Date Tue, 28 Mar 2000 21:48:42 -0500
In-Reply-To <200003290241.UAA21840@icon-stl.net >
References <E9563E144AE1D2119B140000F6CACB816EED4F@labdcexmail03.omm.com > <200003290241.UAA21840@icon-stl.net >
Reply-To Law & Policy of Computer Communications <CYBERIA-L@LISTSERV.AOL.COM>
Sender Law & Policy of Computer Communications <CYBERIA-L@LISTSERV.AOL.COM>

Willian Quick writes:

>We can all comment on and describe what it is that CyberPatrol
>blocks.  Commentaries that include certain selected "facts" about
>who is getting blocked do not violate CyberPatrol's copyright in
>their list.

Thanks.

>However, if you were to post the entire list of sites blocked by
>CyberPatrol, you would not be saved from violating CyberPatrol's
>copyright in that list by claiming either that it merely contains a list
>of "facts" or that it is a "fact" that CyberPatrol's list is: [insert entire
>unedited list here].

Bill, this has to be wrong. If I were to post that entire list of
sites in a different order from that used by CyberPatrol, for
example, I would not be a copyright infringer. It is only the
particular expression of that list of URLs that is protected by the
Copyright Act -- not any and all instantiations of the same
information.

Your argument here assumes that that all lists of the blocked sites
are word-for-word identical.

>You're reading far more into Feist than is really
>there (you are overly Feist-y), and here's what REALLY matters:
>You'd be hard-pressed to find a judge who would agree with you
>down here in the real world.

That's what Rural thought in the Feist case. They lost.


--Mike


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"I speak the password primeval .... I give the sign of democracy ...."
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Mike Godwin can be reached by phone at 202-721-8432.
His book, CYBER RIGHTS, can be ordered at
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Re: [CP-Legal] ZDNET: "Hackers settle Cyber Patrol suit", (continued)