Re: Re: Copyright of lists - Response to Mark Reinmiller

The one advantage a publisher of un-copyrightable data has over copyright owners is that DRM can be used extensively without any chance of a claim of misuse of copyright.

        For example, if I were to bind a lawful copy of a copyrighted work such as to nullify the Section 109 rights to which my Section 106(3) rights are made subject, I have set myself up for a claim of copyright misuse for having used DRM to unlawfully extend the effective scope of my copyright beyond the hard limits set by Congress.

        But if I take a database of facts and bind it with DRM to prevent the transfer of lawfully made copies, there is no foul -- I am claiming no copyright, and therefore I am not relying on legal rights extended by technological devices but rather on technological devices alone without any legal protection.

        (Plus, even my technological device may be circumvented, since the DMCA applies only to copyrighted works.)

This is a good example of why I think I will begin using "DRM" ("digital rights management") only with reference to the management of actual rights, such as copyrights, and use a more generic terms such as "TPM", or "technological protection measures" when referring to technological limitations imposed beyond the scope of copyright protection.

John

John T. Mitchell
http://interactionlaw.com

On Jan 20, 2007, at 9:58 AM, Michael Dodson wrote:

> How about warping it up in a little DRM (digital rights management)
> software?
>
> Raymond Dowd wrote:
>> Mark - The case law interpreting the Copyright Act gives you
>> little hope for protecting this "sweat of the brow" - your
>> valuable labor - in compiling this information. Remember though,
>> you might be able to keep it private in a number of ways and
>> restrict copying and access through contractual arrangements.
>> Raymond J. Dowd
>> Partner
>> Dunnington, Bartholow & Miller, LLP
>> 477 Madison Avenue, 12th Floor
>> New York, NY 10022
>> Tel: (212) 682-8811
>> Fax: (212) 661-7769
>> rdowd[_at_]dunnington.com
>>
>> ---------------------------------------------------------------------
>> ---
>> *From:* CNI-COPYRIGHT -- Copyright & Intellectual Property
>> [mailto:CNI-COPYRIGHT[_at_]cni.org] *On Behalf Of *Mark Reinmiller
>> *Sent:* Wednesday, January 17, 2007 5:55 PM
>> *To:* CNI-COPYRIGHT -- Copyright & Intellectual Property
>> *Subject:* [CNI-(C)] Re: Copyright of lists
>> I have been working on publishing a list of date codes based upon
>> manufacturer's serial numbers. This would be useful to a certain
>> industry and manufacturer's typically do not make this information
>> public. I have decoded much of the information myself.
>> From my reading of the recent posts, it appears that no matter
>> how much effort I put into developing this information, the
>> information is basically facts and therefore not copyrightable.
>> The format I chose in publishing the information may be, but it
>> appears that I would have little protection if someone else chose
>> to publish the same information in a slightly different format. Is
>> my take on this correct?
>> Thanks,
>> Mark Reinmiller
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Received on Tue Jan 23 2007 - 02:05:46 GMT