Re: TN problem partially solved?

David Post <postd[_at_]erols.com> writes:
>
> Sort of. I'm not sure if this isn't more usefully viewed through the
> lens of contract. NYT puts its information out on the Web; TN displays
> it via frames. NYT adds a 'control' element of some kind -- saying, in
> effect, you can access this information, but only on the condition that
> you don't use framing. That's the offer; if TN now figures out some way
> to defeat this control, they're breaching the contract with NYT.
>

But this ignores the Cohen theorem -- which says, if Julie will ignore my inartful paraphrasing, that if copyright law does not make an act illegal in the first place, attempting to circumvent a technical restriction in order to engage in that act cannot itself be copyright infringement. Thus, the question falls back to where it was before -- is it copyright infringement to frame?

Mark Lemley
Assistant Professor, University of Texas School of Law Of Counsel, Fish & Richardson, P.C.
mlemley[_at_]mail.law.utexas.edu

Published at last: Merges, Menell, Lemley & Jorde, Intellectual Property  in the New Technological Age (Aspen Law & Business 1997)

For information on the Intellectual Property program at UT, see http://www.utexas.edu/law/intelprop/ Received on Fri May 30 1997 - 14:37:38 GMT