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Pages 21-25

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From page 21...
... A transit agency has the right to license or sell its real-time data. A tran The BART Real Time ETA Feed is an XML data file with a root element that encompasses elements holding the sit agency's restriction of access to and use of its real station name, the station abbreviation, the date and time time data is a reasonable safeguard against would be and a series of ETA elements.
From page 22...
... AVLS data concerning the location of SFMTA vehiwith [the] Data." For links to other license agreements used by cles in real time and predicted arrival times are records transit agencies, see Google Transit, "Public Feeds, List of that the City may make available to the public through Publicly Accessible Transit Data Feeds," available at: passenger information display signs, data feeds (includhttp://code.google.com/p/googletransitdatafeed/wiki/PublicFeeds, ing but not limited to XML data feeds)
From page 23...
... The Administration, its employees and its consultants, the Copyright Act.272 Federal policy favors the free dis shall have the unlimited right to use, duplicate and dis- semination of facts and ideas. Thus, there is an argu close, in whole or in part and without charge, all technical ment that the copyright laws preempt restrictive provi data, in any manner and for any purpose when, in the sions in contracts, which otherwise are enforceable opinion of the Administrator, such use is required by the under state law, to the extent that they attempt to keep Administration in the installation, operation, modifica- information out of the public domain that Congress in tion, maintenance, repair, replacement, overhaul and tended to be available to the public.
From page 24...
... here a plaintiff's breach of contract claim only all works of a type covered by sections 102 and 103, even asserts that a defendant violated a promise not to use a certain 279 if federal law does not afford protection to them. work, that breach of contract claim is preempted," but holding However, the court held that, unlike the copyright that "[a]
From page 25...
... Contractual Issues Regarding the Sharing of Realthe FTA Master Grant Agreement." The referenced Time Data Federal Transit Administration (FTA) Circular, Third Transit agencies were asked to identify any contracParty Contracting Guidance, "provides contracting tual issues that the agencies had considered to maxiguidance for the recipient of financial assistance mize revenue from real-time data or to restrict the furawarded by the [FTA]


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