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Rights & Permissions

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Rights and Responsibilities of Participants in Networked Communities (1994)
Commission on Physical Sciences, Mathematics, and Applications (CPSMA)

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National Research Council. "3 LEGAL CONSIDERATIONS FOR ELECTRONIC NETWORKS." Rights and Responsibilities of Participants in Networked Communities. Washington, DC: The National Academies Press, 1994. 1. Print.

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Box 3.6 Feist v. Rural Telephone, 1991

Pursuant to state regulation, the Rural Telephone Company Inc. publishes a "white pages" telephone directory that lists telephone subscribers alphabetically and their corresponding telephone numbers for a certain geographical area of service. In order to produce a similar "white pages" directory for a much larger geographical area that included the service area in question, the Feist Publication Company extracted the names and numbers it needed from the Rural Telephone Company's white pages without Rural's consent. Although Feist altered many of the listings it obtained, several were identical to those listed in Rural's white pages. Rural sued Feist for copyright infringement.

In 1991, the U.S. Supreme Court ruled that Rural's white pages were not entitled to copyright, and thus that Feist was not liable for infringement. The basis for this ruling was that the selection, coordination, and arrangement of Rural's white pages did not satisfy the minimum constitutional standards for copyright protection, since Rural had only to obtain data from its subscribers and list them alphabetically, resulting in a "garden-variety" white pages directory devoid of even the slightest trace of creativity (which copyright law is intended to protect).

SOURCE: Feist Publications Inc. v. Rural Telephone Co. Inc., 111 S. Ct. 1282 (1991).

to fair use of computer software, an area of the law that has not yet been reviewed by the Supreme Court. It concerns the question of what amount of reverse engineering of software is permissible in order to understand the underlying concepts, which are not protected by copyright law, and knowledge of which, according to an amicus brief prepared by a group of intellectual property academics, is essential to achieve interoperability of software.9 Incompatibility of software (lack of interoperability) is a major deterrent to the rapid development of networks and an area of the law demanding of public attention.

What the academics seem to be saying is that there is a limit to what the copyright law can cover—that copyright law offers very

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Some additional discussion of these issues is provided in Computer Science and Telecommunications Board, National Research Council, Intellectual Property Issues in Software, National Academy Press, Washington D.C., 1991.

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