The net as an aid to infringement

Fellow copyrighters:

I pass along an edited example of a note I received that I believe might infringe a copyright, and possibly a patent.

While the story may be amusing (but possibly also apocryphal) I think this provides a good example of the net providing an easy medium for infringement.
I think at least two other factors are important: the general public's ignorance of copyright law, and a prevailing attitude about electronic property.

The general public's ignorance is understandable - I don't see very many articles on intellectual property in the newspapers, magazines, or on TV that explain the Berne Convention's implication for not needing a copyright symbol.

The more harmful of the two factors is the attitude towards property that can be stolen without the owner knowing, or even losing use of the property. This attitude is present in some measure in all of us. How many out there can truly say that absolutely every bit on their hard drive (or floppy), has been fairly paid for? I suspect that number is very low. I know I still have plenty of shareware that 'I fully intend to pay for.' I think the larger problem of software piracy stems from the summation of all these smaller infringements. The net provides a very easy way for this habit to become damaging. On the other hand, it also provides the medium that enables the large market penetration that shareware depends on. Legal problems for the net may well be created by an increasing number of infringements as the general public begins to use the National Information Infrastructure.

Enough. Here's the letter.

> My daughter & I had just finished a salad at Neiman-Marcus Cafe
>in Dallas & decided to have a small dessert. Because our family
>are such cookie lovers, we decided to try the "Neiman-Marcus
>Cookie". It was so excellent that I asked if they would give me
>the recipe and they said with a small frown, "I'm afraid not."
>Well, I said, would you let me buy the recipe? With a cute
>smile, she said, "Yes." I asked how much, and she responded,
>"Two fifty." I said with approval, just add it to my tab.
>
> Thirty days later, I received my VISA statement from
>Neiman-Marcus and it was $285.00. I looked again and I
>remembered I had only spent $9.95 for two salads and about $20.00
>for a scarf. As I glanced at the bottom of the statement, it
>said, "Cookie Recipe - $250.00." Boy, was I upset!! I called
>Neiman's Accounting Dept. and told them the waitress said it was
>"two fifty," and I did not realize she meant $250.00 for a cookie
>recipe. I asked them to take back the recipe and reduce my bill
>and they said they were sorry, but because all the recipes were
>this expensive so not just everyone could duplicate any of our
>bakery recipes....the bill would stand. I waited, thinking of
>how I could get even or even try and get any of my money back.
>
>I just said, "Okay, you folks got my $250.00 and now I'm going to
>have $250.00 worth of fun." I told her that I was going to see to
>it that every cookie lover will have a $250.00 cookie recipe from
>Neiman-Marcus for nothing. She replied, "I wish you wouldn't do
>this." I said, "I'm sorry but this is the only way I feel I could
>get even," and I will.
>
> So, here it is, and please pass it to someone else or run a few
>copies....I paid for it; now you can have it for free.
>(Recipe may be halved.):
>
>
>
> RECIPE REMOVED
>
>
>
>
>Have fun!!! This is not a joke --- this is a true story..
>************************************************************
> That's it. Please, pass it along to everyone you know, single
>people, mailing lists, etc.....
>
>
> ATTACHED NAME REMOVED
>
>
>

Dr. Paul E. Filmer                      | (202) 479-2609 voice
Universities Space Research Association | (202) 479-2613 fax
300 D Street, SW                        | INTERNET: filmer[_at_]usra.edu
Washington, DC 20024                    |           pfilmer[_at_]mtpe.hq.nasa.gov   
                                        | OMNET:    p.filmer