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Monday, January 12, 2009

Real Estate Website Leverages Copyright Law

There's something interesting about entertainment...it gets people sued, and suing. As a lawyer, my joy is doubled. I can watch a movie or listen to a song, then think about the litigation behind it...how exciting (cough..ha ha ha).

I just read about CoStar Realty which operates a proprietary website with real estate information. Apparently you can access their stash of info, photos, etc., for about $5,000 a year. [Note to self: start a website combining free information and charge ridiculous amounts of money in subscriptions...apparently there's a market for it.] Apparently some naughty kid accessed the data using someone else's login...shame on you.

So forget "
run-of-the-mill breach-of-contract and computer fraud
" claims...let's get smart. The music industry got some courts to determine that merely giving access to music (which was available illegally, and was- most certainly - going to be downloaded illegally) might constitute copyright infringement. Now the real estate industry is wiffing the $$$. It is, afterall, an economy in turmoil. New business models must emerge. Stupidity and entrepreneurialism may even merge.

This is a joke! Copyright law was never intended to work this angle. This is not a problem of "technology has changed and the Framers could not have envisioned..." This is about using the appropriate claim for the appropriate wrongful act. Just because you get tired of 'run-of-the-mill' claims, doesn't mean you should reach for the stars...or does it? If a judge let's that one in, it's another nail in the coffin.

Brock

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