Re: Ticketmaster v Microsoft

From: Bob Stock <bstock[_at_]ucla.edu>
Date: Thu, 25 Jun 1998 08:00:35 -0700

On 6/24/98, Bob Smith <cosmithb[_at_]ash.palni.edu> wrote:
>
> Carl Oppedahl <carl[_at_]oppedahl.com> wrote:
> >
> > The docket sheet is available via Pacer (see
> > http://www.uscourts.gov/PubAccess.html ). We downloaded the Pacer
> > record for that case a few days ago and have posted it at
> > http://www.patents.com/weblaw/tvm.sht .
>
> Which, if Pacer was a commercial product, might just be illegal under
> the new database law, if it passes the Senate, the Conference, both
> houses and the President...
>
> How's that for a real life example?

I assume you mean the posting of the record rather than the extraction of the record. Obviously, the extraction itself is permitted by the service itself.

But beyond that, even this unattractive bill would clear Carl on a number of fronts. First, section 1203(a) permits the use of one piece of information. Second, would Carl's posting of the info to his web site constitute "use in commerce"? Third, section 1204 excludes government collections from the ambit of its protection.

---

Bob Stock <bstock[_at_]ucla.edu>
UCLA School of Law '98
http://www.geocities.com/Paris/1206/

---

Received on Thu Jun 25 1998 - 14:59:14 GMT