Re: West loses major copyright decision

From: Cem Kaner <kaner[_at_]kaner.com>
Date: Sun, 8 Jun 1997 10:46:27 -0700 (PDT)

On 6/5/97, Alan Sugarman <sugarman[_at_]hyperlaw.com> wrote:

>

> I think the basic issue is whether the United States Constitution
> should permit copyright of the laws. Most think the answer to that
> is no. Anyway, I am now waiting for the Senator who is brave enough
> to push for a database protection law that effectively reverses Judge
> Martin's opinion [as well as Wheaton v. Peters.]

The more likely maneuver involves Article 2B's broad-based blessing of licensing restrictions. West (or any publisher) can create a license that prohibits any amount of copying of the licensed material. These licenses can be attached to printed as well as to electronic materials.

The Article 2B Drafting Committee's current position appear to be that if these restrictions are overbroad, then federal courts will rein them in (preemption). I still don't understand how this will work. The Copyright Act specifically allows licenses, which transfer very limited rights in information. Once the states bless the notion of the mass-market "license" as the standard method of transferring information, it will take an act of congress to revise the copyright act so that these licenses' powers are limited. No?

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Cem Kaner, J.D., Ph.D.				       Attorney at Law 
P.O. Box 1200           Santa Clara, CA 95052             408-244-7000

Author (with Falk & Nguyen) of TESTING COMPUTER SOFTWARE (2nd Ed, VNR)

This e-mail communication should not be interpreted as legal advice or a legal opinion. The transmission of this e-mail communication does not create an attorney-client relationship between me and you. Do not act or rely upon law-related information in this communication without seeking the advice of an attorney. Received on Sun Jun 08 1997 - 17:54:35 GMT