Re: ProCD v Zeidenberg, 908 F.Supp 640

Jennifer Bales wrote:
>
> What about non-distributed information products? I know that
> libraries and museums carefully guard access to certain non-copyrighted
> works (too old or whatever), and have patrons sign agreements not to
> distribute copies or use the works in unauthorized ways. Are these
> agreements affected by this case? Can the patron sign the agreement,
> then make a copy and publish it in the New York Times, since the
> library is trying to contract for copyright like rights in an
> uncopyrighted work?

It is not completely clear if centralized databases using contracts to protect public domain works are impacted by this case. But my thought is that they can continue to protect against unauthorized copying and distribution of these works via contract due to the different method of distribution. The consideration offered by the online database provider to the consumer is ACCESS to the computer (like allowing someone into your house) whereas the CD-ROM publisher is offering a GOOD (like selling your house). It makes some intuitive sense that the online database provider

Should be able to contract for limitations on use that the CD-ROM publisher cannot. Whether a court will draw that line or perhaps incorporate a "fair use" limitation is not known yet.

Laurel Jamtgaard
Boalt Hall, Class of '97
<lgaard[_at_]aol.com> Received on Tue Apr 23 1996 - 07:58:35 GMT