Re: Digital Transmission

From: <RicTylBAM1[_at_]aol.com>
Date: Thu, 1 May 1997 15:30:41 -0400 (EDT)

On 97-04-30, Leo Smith <barter[_at_]ntplx.net> write:
>
> The transmission of digits raises some interesting copyright
> issues. At the time of transmission via modem, only digits are
> transmitted from the sending computer to the receiving computer.
>
> 1) Can anyone copyright a series of digits?

Perhaps one could argue that the creation of the digits is a derivative work.  

Another way to go about it is to compare it to storing a copy of a work in memory. I think it has been established that when a work is loaded onto a computer, it is loaded into memory, and that copy in memory is considered to be a copy of the work. The inner workings of computer memory, if I may grossly oversimplify, is that a series of silicone blocks are set to 0 or 1. Thus, you have a situation where a series of numbers in a computer's memory chip is considered a copy. Why not a series of numbers coursing as electrical impulses through a phone wire and over a modem? Should they really be considered as copies? I don't think so. Considering these things as "copies" is, in my opinion akin to claiming that the image of an item which reflects on the back of the retina of the eye is an infringing copy.

Benedict A. Monachino
<rictylbam1[_at_]aol.com> Received on Thu May 01 1997 - 19:36:12 GMT

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