Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Protecting Digital Database Content

By J.T. Westermeier
November 30, 2013

The Fourth Circuit's ruling in Metropolitan Regional Information Systems, Inc. v. American Home Realty Network, Inc.,'722 F.3d 591'(4th Cir. July 17, 2013), is an important court decision relating to e-commerce and protecting digital database content. The ruling relates to a multiple-listing copyrighted database of real estate listings. In the MRIS'decision, the Fourth Circuit affirmed the validity of MRIS's copyright assignments based on the click-wrap agreement that MRIS used to acquire the ownership of the copyrights in the photographs in the MRIS Database. The Fourth Circuit also affirmed that MRIS's copyright registrations of the MRIS Database included MRIS's authorship in the collective work of real estate listings in the MRIS Database and extended as well to the photographs included in the database for which MRIS acquired the copyrights by assignment. We will discuss the importance of these holdings in this article. [Editor's Note: The author was part of the trial team for Metropolitan Regional Information Systems in this case. Further information relating to the case may be found in Metro Reg'l Info. Sys., Inc. v. Am. Home Realty Network, Inc., 888 F. Supp. 2d 691 (D. Md. 2012).]

The MRIS Database

Read These Next
The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

The DOJ's New Parameters for Evaluating Corporate Compliance Programs Image

The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

A Lawyer's System for Active Reading Image

Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.