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Pages 11-13

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From page 11... ... A transit agency's terms of use, end-user license, held that the rule against the copyrighting of ideas does or other agreement may be the best and possibly only not prevent an entire computer program from being 122 protection for its real-time data. copyrightable. Read the entire page →
From page 12... ... in the "structure setup" would have been copyright in- The court held that the data in the municipalities' fringement; however, copying the underlying data in tax assessment databases were beyond the scope of AT's the database would not be a violation of the copyright.132 copyright139 and that AT was "trying to use its copyright On the other hand, some courts and commentators [in Market Drive] to sequester uncopyrightable state that a computer program is not a compilation; data...."140 If so, AT's action could constitute a violation rather the elements of the program must be judged on of the doctrine of "copyright misuse" that "`prevents 133 their own merit as being unique or original. Read the entire page →
From page 13... ... se of a work in excess of a prove is that the circumvention was "undertaken `withlicense gives rise to liability for copyright infringe- out the authority of the copyright owner.'"157 ment."148 There are various exceptions in the DMCA, for ex In sum, real-time data may be collected and distrib- ample, for nonprofit libraries, archives, and educational uted with the aid of a computer program or made avail- institutions,158 and reverse engineering is permitted by 159 able to users by a Web site for which a transit agency the statute. An important exception under the Act is has registered a copyright with access to and use of the that it does not prohibit fair use of information, even if site restricted by the agency's terms-of-use agreement. Read the entire page →

From page 11...

... A transit agency's terms of use, end-user license, held that the rule against the copyrighting of ideas does or other agreement may be the best and possibly only not prevent an entire computer program from being 122 protection for its real-time data. copyrightable.

Read the entire page →

From page 12...

... in the "structure setup" would have been copyright in- The court held that the data in the municipalities' fringement; however, copying the underlying data in tax assessment databases were beyond the scope of AT's the database would not be a violation of the copyright.132 copyright139 and that AT was "trying to use its copyright On the other hand, some courts and commentators [in Market Drive] to sequester uncopyrightable state that a computer program is not a compilation; data...."140 If so, AT's action could constitute a violation rather the elements of the program must be judged on of the doctrine of "copyright misuse" that "`prevents 133 their own merit as being unique or original.

Read the entire page →

From page 13...

... se of a work in excess of a prove is that the circumvention was "undertaken `withlicense gives rise to liability for copyright infringe- out the authority of the copyright owner.'"157 ment."148 There are various exceptions in the DMCA, for ex In sum, real-time data may be collected and distrib- ample, for nonprofit libraries, archives, and educational uted with the aid of a computer program or made avail- institutions,158 and reverse engineering is permitted by 159 able to users by a Web site for which a transit agency the statute. An important exception under the Act is has registered a copyright with access to and use of the that it does not prohibit fair use of information, even if site restricted by the agency's terms-of-use agreement.

Read the entire page →

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