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Spammers Should Know Their Source

By Jonathan Bick
April 28, 2005

Spam is a cost effective and lawful marketing tool. A spammer can send an e-mail advertisement to one million people at a cost of only $100. Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, CAN-SPAM Act of 2003, 15 USC 7701, allows the use of unsolicited commercial e-mail. However, to avoid legal difficulties, those who use spam should consider doing more. In particular, it is highly advisable to establish an appropriate chain of title for target list databases they acquire.

Database transfer transactions may be subject to claims of copyright violation. While printed compilations of data have always been protected under copyright law, computer data ' data stored in the form of a database ' have only been protected since 1978. As with all copyright law, copyright on databases protects only original works. As such, in most instances only the layout of the database is protected and not the inherent data itself.

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