Re: Software to Block Ads -- Is this an illegal device?

On Sat, 28 Mar 1998, Bob Stock <bstock[_at_]ucla.edu> wrote:
>
> Realistically, this would only come up if, as in Mirage, you attempted
> to market and sell the copies, or if perhaps you pissed off the
> copyright owner so bad he couldn't think straight.

The latter condition brought the following situation up from the back of my mind.

There exists a listserv, the spam-list, which copies and distributes spam (a.k.a. unsolicited bulk email). This listserv exists so that those writing email filters will have a constant supply (~60/day) to test, improve, and update their filters. Any person receiving spam forwards it to the list for redistribution to the members.

Thus, while the purpose of the copying and distribution is for research, the general point of the research is to destroy the actual and potential market value of the works, i.e. prevent them from arriving.

Assuming, arguendo, no implied license exists, is this a fair use, or could would-be cyber promoters shut down the list?

My initial thought was that the research purpose would tip the balance; however, one can read the copyshop cases as saying that the distributor cannot bootstrap itself off the end-user's research.

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