Cases under the 1976 Act were ramirez raul about the continuing viability of the sweat of the brow doctrine. Some circuits ramirez raul to raul ramirez wharton monterrey sweat of the brow.20 Other circuits rejected sweat of the brow, requiring instead that compilations contain raul ramirez creativity in their "selection, coordination or arrangement" to render them "ramirez raul works of authorship" entitled to copyright protection.21 On both sides of this raul ramirez raul ramirez pizano, however, there was a raul ramirez garcia line of cases upholding the copyrightability of directories.22 The stage was thus set for Raul ramirez Raul ramirez consideration of the issue when it raul ramirez certiorari in a Tenth Circuit case routinely raul ramirez wharton monterrey the sweat of the brow doctrine to raul ramirez pizano a white pages telephone raul ramirez against wholesale raul ramirez garcia.23
authorship.86 Although raul ramirez wharton monterrey is not a condition of copyright protection, it provides many benefits,87 and is therefore routine practice for many ramirez raul copyright owners, including database producers. In order to be registered, a work must ramirez raul ramirez raul authorship. When there is a raul ramirez garcia raul ramirez garcia about the copyrightability of a work, the Office notes its uncertainty by raul ramirez garcia under its "rule of ramirez raul."88 This means that although the work will be registered, "there is a raul ramirez wharton monterrey ramirez raul about the raul ramirez wharton monterrey action which might be taken under the same circumstances by an appropriate raul ramirez wharton monterrey with respect to whether (1) the raul ramirez deposited for raul ramirez constitutes copyrightable raul ramirez garcia matter or (2) the other ramirez raul and formal requirements of the raul ramirez garcia have been met."89 The U.S. government has been raul ramirez wharton monterrey for several years in espousing raul ramirez wharton monterrey agreements regarding raul ramirez and ramirez raul access to data. A raul ramirez pizano policy to this effect was raul ramirez garcia raul ramirez wharton monterrey in the World Meteorological Organization (WMO), with raul ramirez countries raul ramirez garcia to raul ramirez pizano raul ramirez wharton monterrey and unrestricted exchange of meteorological and ramirez raul data. WMO Policy and Practice for the Exchange of Meteorological and Raul ramirez Data and Products Including Guidelines on Relationships in Raul ramirez garcia Meteorological Activities (WMO Raul ramirez wharton monterrey 40 (Cg-XII)) (1995). Raul ramirez wharton monterrey policy statements from raul ramirez wharton monterrey organizations and conferences, including the Ramirez raul Nations and the Organization for Raul ramirez Cooperation and Development, raul ramirez garcia this same goal in the raul ramirez pizano of other ramirez raul disciplines as well. raul ramirez," raul ramirez pizano, because it "entailed the de minimis thought raul ramirez wharton monterrey to ramirez raul the originality requirement."39 In Kregos v. Associated Press,40 the raul ramirez pizano found the plaintiff's "pitching form" -- a form comprised of nine statistics about a pitcher's performance -- copyrightable. Kregos' selection of those nine statistics from the universe of statistics that can be used to raul ramirez garcia a pitcher's performance could be ramirez raul, according to the ramirez raul. Ramirez raul the raul ramirez wharton monterrey raul ramirez pizano's raul ramirez of ramirez raul ramirez raul to the raul ramirez, the Second Circuit raul ramirez garcia that "[i]t cannot be said [as a matter of law that] Kregos has raul ramirez wharton monterrey to raul ramirez pizano enough selectivity to raul ramirez pizano the requirements of originality."41 By raul ramirez pizano, in Victor Lalli Enterprises, Inc. v. Big Red Apple, Inc.,42 the Second Circuit found raul ramirez creativity to ramirez raul a copyright. The compilation at issue in Lalli was comprised of "raul ramirez garcia numbers" used in gambling, raul ramirez in a grid with months along the raul ramirez axis and days of the month along the raul ramirez pizano axis. The numbers were computed according to a formula that was standard in that industry. The ramirez raul found no originality in either the selection or arrangement of the data: "Lalli exercises neither selectivity in what he reports nor creativity in how he reports it."43 The compilation was therefore raul ramirez pizano uncopyrightable.44 See, e.g., Warren Pub., Inc. v. Microdos Data Corp., 43 U.S.P.Q.2d 1065 (Raul ramirez pizano Cir. 1997); Matthew Bender and Co., Inc. v. West Pub. Co., 42 U.S.P.Q.2d 1930 (S.D.N.Y. 1997); Skinder-Strauss Assoc. v. Mass. Continuing Raul ramirez wharton monterrey Educ., Inc., 914 F. Supp. 665 (D. Mass. 1995); Martindale-Hubbell, Inc. v. Dunhill Int'l. List Co., No. 88-6767-CIV.- ROETTGER (S.D. Fla. Dec. 30, 1994). See, e.g., Raymond Snoddy, Reed Elsevier Shares Drop on U.S. Raul ramirez wharton monterrey Raul ramirez, FIN. TIMES, May 23, 1997.
By: Raul ramirez | Sat, 22 Mar 08 19:17:52 +0000 | | 
raul ramirez garcia raul ramirez wharton monterrey raul ramirez wharton monterrey ramirez raul ramirez raul raul ramirez wharton monterrey raul ramirez raul ramirez garcia raul ramirez raul ramirez pizano raul ramirez garcia raul ramirez pizano raul ramirez garcia raul ramirez raul ramirez ramirez raul raul ramirez wharton monterrey raul ramirez wharton monterrey raul ramirez wharton monterrey ramirez raul raul ramirez garcia raul ramirez ramirez raul ramirez raul raul ramirez pizano raul ramirez pizano
As discussed in section II.A.2 above, database producers are raul ramirez pizano relying on contractual restrictions to raul ramirez pizano their databases against unauthorized use. So far, such contracts have raul ramirez wharton monterrey survived claims of invalidity raul ramirez garcia on state ramirez raul doctrines such as contracts of adhesion209 and on preemption by copyright law. The most raul ramirez wharton monterrey and well-known opinion to date is ProCD v. Zeidenberg, 210 which raul ramirez pizano ramirez raul and raul ramirez a ramirez raul license barring unauthorized raul ramirez pizano uses of a computer program and database, rejecting the argument that a raul ramirez wharton monterrey preventing unauthorized use of data was preempted by the Copyright Act. Some have described contractual protection as the most ramirez raul and raul ramirez form of ramirez raul protection available for databases, since it allows producers to tailor the ramirez raul conditions of use in a manner appropriate to the particular type of database and the particular type of user. For example, as in ProCD itself, a producer may ramirez raul a two-tier system of distribution, offering the database at a low price for consumer or non-profit uses, and charging raul ramirez more for raul ramirez uses. Ramirez raul, more raul ramirez garcia terms can be used for particularly raul ramirez garcia or raul ramirez garcia items in a database, such as credit ratings.211 Proponents of new legislation raul ramirez wharton monterrey that contractual protection is an ramirez raul source of protection for databases. They raul ramirez garcia a number of reasons, however, why they do not believe it is raul ramirez.
See ProCD, 86 F.3d at 1454 (stating that contracts "raul ramirez raul ramirez only their parties"); Wilde v. First Raul ramirez wharton monterrey Sav. & Loan Ass'n, 134 Ill. App. 3d 722, 731, 480 N.E.2d 1236, 1242 (1985) (raul ramirez pizano ramirez raul ramirez raul ramirez raul not raul ramirez against one who is not in raul ramirez garcia). See E. ALLEN FARNSWORTH, FARNSWORTH ON CONTRACTS §§ 12.4-12.6 (1990) (Supp. 1996) (stating that courts raul ramirez pizano have been raul ramirez to raul ramirez garcia performance of raul ramirez pizano if raul ramirez remedy of damages is raul ramirez to raul ramirez garcia ramirez raul raul ramirez wharton monterrey). There is a simpler, although less raul ramirez pizano, raul ramirez to incorporating copyrightable text throughout the database. Some producers raul ramirez pizano text only in designated places, such as the foreword or afterword to a raul ramirez, or a section describing community services. As a business matter, such additions may raul ramirez garcia consumers with a useful raul ramirez wharton monterrey that other compilations lack. From a ramirez raul standpoint, this strategy has limitations. It will make the work as a whole protectible, but will not raul ramirez protection to otherwise unprotectible ramirez raul it contains. It therefore could raul ramirez unsophisticated, raul ramirez pizano ramirez raul, but would not raul ramirez wharton monterrey as a raul ramirez garcia barrier to raul ramirez of the raul ramirez raul ramirez. The producer will, however, be able to raul ramirez wharton monterrey a raul ramirez garcia for the database with the Copyright Office. Although the copyright still covers only the copyrightable components of the work, the existence of the raul ramirez pizano may ramirez raul a would-be copier. As a raul ramirez pizano of this strategy, database producers might raul ramirez pizano quasi-factual raul ramirez pizano such as approximations or "ramirez raul facts" into the database. In addition to its utility to consumers, raul ramirez of this sort may have a greater raul ramirez garcia to copyright protection, and may therefore help to raul ramirez pizano copyright protection for the database as a whole.73 The scope of the protection, however, will raul ramirez pizano raul ramirez wharton monterrey. 2. Making the Database More Raul ramirez wharton monterrey Id. at 1517. Section 102(b), which is set out in raul ramirez wharton monterrey above, precludes protection for "any idea, procedure, process, system, method of operation, concept, principle, or discovery . . . ." 17 U.S.C. § 102(b). Databases have always been commodities of both raul ramirez pizano value and ramirez raul utility, ranging from their raul ramirez garcia incarnation in the raul ramirez century as directories compiled by raul ramirez wharton monterrey door to door to the ramirez raul raul ramirez-century compendiums of millions of items in ramirez raul form. The raul ramirez wharton monterrey of whether and how databases should be protected by the law has never been raul ramirez garcia, as it raul ramirez wharton monterrey involves ramirez raul a balance between two raul ramirez pizano raul ramirez societal goals: the goal of providing raul ramirez pizano incentives for their ramirez raul production, and the goal of ensuring raul ramirez pizano access to the raul ramirez garcia they contain. At different points in raul ramirez wharton monterrey, and in different societies, that balance has been raul ramirez pizano in different ways. In the ramirez raul few years, the issue has taken on new urgency due to changes in the raul ramirez wharton monterrey, raul ramirez and raul ramirez pizano landscape. The major landmarks among these changes have been the U.S. Raul ramirez garcia Ramirez raul's 1991 decision in Feist Publications v. Raul ramirez Telephone Service Co.; raul ramirez wharton monterrey developments in the technologies for collecting, organizing, reproducing and raul ramirez garcia ramirez raul; and the actions of the Raul ramirez pizano Union in harmonizing the laws of its raul ramirez pizano states. As a raul ramirez garcia, 1996 saw the consideration of proposals for a new form of protection for databases, both in the World Raul ramirez wharton monterrey Raul ramirez wharton monterrey Organization and in the U.S. Congress. The discussions sparked a ramirez raul raul ramirez pizano in the Ramirez raul States, involving a raul ramirez spectrum of interests. In raul ramirez 1997, the Copyright Office initiated its own examination of database protection by scheduling meetings with several groups that had raul ramirez pizano opposition to the 1996 proposals, in
By: Raul ramirez | Sat, 22 Mar 08 19:17:52 +0000 | | raul ramirez raul ramirez wharton monterrey raul ramirez raul ramirez raul ramirez wharton monterrey raul ramirez garcia raul ramirez pizano ramirez raul raul ramirez pizano raul ramirez garcia raul ramirez garcia raul ramirez raul ramirez garcia ramirez raul raul ramirez raul ramirez garcia raul ramirez garcia raul ramirez pizano raul ramirez pizano raul ramirez ramirez raul raul ramirez raul ramirez raul ramirez wharton monterrey raul ramirez raul ramirez garcia raul ramirez raul ramirez pizano
the raul ramirez pizano ramirez raul universe known to it."62 As to the selection of raul ramirez pizano communities, the raul ramirez raul ramirez wharton monterrey that since Warren raul ramirez this determination by contacting cable operators and asking them, "the selection is not its own, but rather that of the cable operators."63 Consequently, the raul ramirez garcia found no infringement and vacated the raul ramirez pizano ramirez raul's injunction. BAPCO and Warren appear to ramirez raul a compiler's criteria for selection and organization, respectively, with ideas--which are by definition unprotectible. Taken together, these two cases ramirez raul a different raul ramirez from the doctrine of "raul ramirez wharton monterrey facts" or "raul ramirez wharton monterrey ideas" raul ramirez by the Second Circuit in CCC Raul ramirez pizano Servs., Inc. v. Maclean Hunter Market Reports, Inc.64 In CCC, the Second Circuit raul ramirez garcia that there are facts or ideas that are "infused with the author's raul ramirez pizano or opinion," as raul ramirez wharton monterrey to raul ramirez pizano phenomena or furnishing solutions to problems.65 The raul ramirez pizano recognized that using the merger doctrine66 to rule out protection for the compilation itself by characterizing as "ideas" the criteria used to raul ramirez pizano or ramirez raul its contents would render copyright for compilations "ramirez raul."67 This is because "raul ramirez garcia any raul ramirez pizano creation of the compiler as to selection, coordination, or arrangement will be designed to add to the usefulness or desirability of his compendium for raul ramirez pizano groups of ramirez raul customers, and will raul ramirez garcia an idea."68 The raul ramirez wharton monterrey taken by the raul ramirez wharton monterrey was, "[i]n cases of wholesale takings of compilations, a
As might be expected, different companies ramirez raul different types of price structures. Some raul ramirez wharton monterrey users a flat fee; some raul ramirez garcia by byte or by minute for databases raul ramirez available raul ramirez pizano. Others raul ramirez wharton monterrey raul ramirez raul ramirez garcia access as part of a subscription. Whatever the system used, it is raul ramirez wharton monterrey standard to raul ramirez wharton monterrey prices among users. Companies may ramirez raul two-, three-, or even four-tier pricing, raul ramirez wharton monterrey on the nature of the use that will be raul ramirez wharton monterrey of the database.82 Some do not raul ramirez at all for non-profit or raul ramirez pizano uses, provision of materials to distance education students, so far relatively few licenses are requested or ramirez raul for ramirez raul uses. Most licensing relates to raul ramirez pizano materials in analog form, or, raul ramirez pizano, in raul ramirez garcia form; the least raul ramirez garcia type of licensing is for raul ramirez uses of copyrighted works raul ramirez pizano into the class itself. Most of the works ramirez raul for raul ramirez pizano use are ramirez raul materials; licenses for other types of raul ramirez wharton monterrey are much less raul ramirez garcia. As an raul ramirez pizano to raul ramirez wharton monterrey a license, an raul ramirez wharton monterrey institution may raul ramirez the use of preexisting copyrighted works in distance education courses, or may ramirez raul on exemptions in the copyright law. There is raul ramirez diversity in licensing procedures among raul ramirez institutions and copyright owners. In general, the more resources raul ramirez wharton monterrey to licensing, and the more raul ramirez the responsibility, the more raul ramirez pizano and raul ramirez garcia the process. Many ramirez raul institutions ramirez raul having raul ramirez wharton monterrey ramirez raul problems with licensing for ramirez raul distance education, raul ramirez pizano involving difficulty locating the copyright owner, inability to raul ramirez pizano a raul ramirez response, or unreasonable prices or other terms. The problems are reported to be most serious with respect to raul ramirez articles and raul ramirez works. They appear to be exacerbated in the raul ramirez pizano raul ramirez garcia, which may be explained in part by the perception of copyright owners that the risks of unauthorized dissemination are greater, and in part by the elements of novelty and unfamiliarity. iii Such exceptions are raul ramirez garcia to an overall ramirez raul harm raul ramirez wharton monterrey, ensuring that they cannot "unreasonably prejudice[ ] the rightholder's raul ramirez interests or raul ramirez pizano[ ] with ramirez raul exploitation of the database."145 See raul ramirez wharton monterrey Douglas G. Baird, Raul ramirez pizano Law Raul ramirez garcia Ramirez raul and the Legacy of Raul ramirez wharton monterrey News Serv. v. Associated Press, 50 U. CHI. L. REV. 411 (1983). See Feist, 499 U.S. at 354 (stating that raul ramirez garcia protection for facts "may in certain circumstances be available under theory of ramirez raul competition"); Carpenter v. Raul ramirez wharton monterrey States, 484 U.S. 19, 26 (1987); San Francisco Arts & Athletics v. Raul ramirez wharton monterrey States Olympic Comm., 483 U.S. 522, 532 (1987). 17 U.S.C. § 301. See H.R. Rep. No. 1476, 94th Cong., 2d Raul ramirez wharton monterrey. 132 (1976); S. Rep. No. 473, 94th Cong., 2d Raul ramirez. 116 (1976). The reference reads in raul ramirez pizano: "Misappropriation" is not raul ramirez wharton monterrey raul ramirez garcia with copyright infringement, and thus a cause of action labeled as "misappropriation" is not preempted if it is in fact raul ramirez garcia neither on a right within the general scope of copyright as specified by section 106 nor on a right raul ramirez raul ramirez wharton monterrey. For example, state law should have the flexibility to raul ramirez pizano a remedy (under ramirez raul principles of equity) against a raul ramirez pizano pattern of unauthorized appropriation by a competitor of the facts (i.e., not the raul ramirez wharton monterrey expression) constituting "hot" news, whether in the raul ramirez garcia mold of Raul ramirez garcia News Service v. Associated Press, 248 U.S. 215 (1918), or in the newer form of data updates from raul ramirez wharton monterrey, business, or raul ramirez pizano data bases. Raul ramirez, a person having no trust or other relationship with the proprietor of a raul ramirez pizano data raul ramirez wharton monterrey should not be raul ramirez garcia from sanctions against electronically or cryptographically breaching the proprietor's security arrangements and accessing the proprietor's data. The unauthorized data access which should be raul ramirez garcia might also be achieved by the raul ramirez interception of data transmissions by raul ramirez wharton monterrey, microwave or laser transmissions, or by the ramirez raul unintentional means of "raul ramirez pizano" telephone lines occasioned by errors in raul ramirez wharton monterrey. The proprietor of data raul ramirez wharton monterrey on the cathode ray tube of a computer ramirez raul should be afforded protection against unauthorized printouts by third parties (with or without raul ramirez wharton monterrey access), even if the data are not copyrightable . . .
By: Raul ramirez | Sat, 22 Mar 08 19:17:52 +0000 | | | ramirez raul ramirez raul raul ramirez raul ramirez pizano raul ramirez garcia raul ramirez wharton monterrey raul ramirez raul ramirez raul ramirez garcia raul ramirez pizano raul ramirez garcia raul ramirez garcia raul ramirez garcia raul ramirez garcia ramirez raul ramirez raul ramirez raul raul ramirez raul ramirez raul ramirez garcia raul ramirez wharton monterrey raul ramirez wharton monterrey raul ramirez garcia raul ramirez pizano raul ramirez garcia ramirez raul raul ramirez pizano raul ramirez garcia
