Hello to all TECHLAW subscribers. This is something I learned of today and thought it could be of interest.
Until recently, the music popularity charts published by Billboard Magazine were made available through the Internet by means of the "finger" resource. Anyone with Internet access could "finger" address buckmr[_at_]rpi.edu and obtain the desired information. However, attempting to use this service will now generate a reply message which I quote literally as follows:
Login: buckmr Name: Ron Buckmire Directory: /home/58/buckmr Shell: /usr/local/setup/bin/sessionProject:
MCGUIRE, KEHL & NEALON
230 Park Avenue
New York, NY 10169
212-557-0040
212 953-0768 FAX
May 3, 1994
Mr. Ron Buckmire
11 Colvin Circle
Troy, NY 12180-3735
Re: COPYRIGHT INFRINGEMENT -- Billboard Charts
Dear Mr. Buckmire:
We represent BPI Communications Inc., which publishes _Billboard_ Magazine and owns the copyright in the contents of that publication, including its recorded music popularity charts.
It has recently come to our client's attention that you are reproducing and
re-publishing its recorded music popularity charts throughout the Internet.
Such unauthorized reproduction and re-publication is a clear violation of
United States copyright law, Title 17, United States Code. It is also in
direct
violation of the copyright notice which appears in every issue of _Billboard_
Magazine, and which expressly provides:
"No part of this publication may be reproduced, stored in any
retrieval system, or transmitted, in any form or by any means,
electronic, mechanical, photocopying, recording, or otherwise,
without the prior written permission of the publisher."
Please be advised that the copyrighted charts which you have reproduced and
re-published are prepared at great expense and effort through proprietary
technology and/or data licences, and are a valuable commercial property
which
our client sells through a variety of print, electronic and on-line media as
a substantial part of it's business. Your infringement of its rights is not
trivial, and is plainly not lawful.
Demand is hereby made that you immediately cease such reproduction and re-publication, and that you confirm to us that you have done so. In the absence of a satisfactory response, we shall commence an action against you for injunctive relief, damages and attorneys' fees, as permitted by law. In addition, we reserve the option to bar you from access to the Internet through any node or gateway which you have utilized for infringing activities.
Kindly let us have your immediate confirmation that there will be no further infringement.
Very truly yours,
MCGUIRE, KEHL & NEALON By: Jeffrey A. Kehl (signed)
Christian Hess (christian_hess[_at_]quorum.nacion.co.cr)
Attorney at Law
San Jose, Costa Rica
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