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

Ari Kahan <akahan[_at_]netcom.com> writes, regarding derivative works:
>
> While appreciating Bob's effort, I don't find it wholly satisfying
> to conclude that the answer to the question is "there's implied
> consent because the purchaser would intuit that this is so" or
> "don't worry; you won't get caught."
>

Nor should you. As a practical matter, most people who do this probably won't get sued, but that is small comfort to the one who does.

> But I would ask, Is "reproduction or sale" REALLY implicit in making
> derivative works?

No, you need not make a copy at all to be liable for preparing a derivative work. Mirage is an example, of course, but I suspect there are others, and in any event the language of the statute is pretty clear.

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

Berkeley conference on UCC Article 2B, April 23-25 1998: http://sims.berkeley.edu/BCLT/events/ucc2b/

Information on UT's Intellectual Property program: http://www.utexas.edu/law/acadaff/intelprop/

My publications list: http://www.law.utexas.edu/lemley/pubs.htm Received on Tue Mar 31 1998 - 15:24:39 GMT