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


To CYBERIA-L@LISTSERV.AOL.COM
From Mike Godwin <mnemonic@WELL.COM>
Date Wed, 29 Mar 2000 05:32:11 -0500
In-Reply-To <3.0.5.32.20000329005728.00812800@idiom.com >
References <3.0.5.32.20000329005728.00812800@idiom.com >
Reply-To Law & Policy of Computer Communications <CYBERIA-L@LISTSERV.AOL.COM>
Sender Law & Policy of Computer Communications <CYBERIA-L@LISTSERV.AOL.COM>

Bill Stewart writes:

>If it's protected as a compilation copyright, then I'd think the
>order is much less important than the selection - you'd be
>infringing it regardless of what order it was in.  But if you
>put out a list of "Most Offensively Misclassified CP Censorship Targets",
>that sounds like fair use (unless you listed them all).

Here's where we part company: I don't believe that my own publication
of what CyberPatrol blocks is infringing, even if I include all the
sites they block, so long as I don't duplicate their precise
expression of their list.

If I don't reproduce their expression, then no infringement, even if
I do reproduce all their facts.

>Unnamed administration sources report* that Johnson, Bruce wrote:
>>I agree with Bob.  isn't Nixon's "enemies list" copyrightable?
>
>I'd call that a trade secret, until it got published.

Not impossibly you're making a "trade secret" joke here. But for
copyright purposes, protection kicks in when it's written down, not
when it's published.


--Mike

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Mike Godwin can be reached by phone at 202-721-8432.
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Partial thread listing:
Re: [CP-Legal] ZDNET: "Hackers settle Cyber Patrol suit", (continued)
cphack authors cpback down, Barron, Austin (03/27/00)