Question about DMCA

[A2THET]

A friend and I have an idea for a website that might be infringing on the DMCA, but im not sure.

This is scenario is fairly similar to what we're trying to do(not the real idea). Say major banks had "hidden" mortgage rates that were not the same as what they posted on their web sites. To get these numbers, anyone can call/email and get them without consenting to keep these #s secret. Say I then post these numbers and build a comparison application around it for those looking to get a good deal on a mortgage. Would this violate DMCA? again, this is just an example but I feel our idea falls into this sort of category. If this doesnt violate DMCA, are there any other legal issues I need to be aware of?

 

[n0cmonkey]

Get a lawyer.

 

[A2THET]

heh, im assuming thats a "real" response suggesting that this is in gray area and there's no clear cut answer?

 

[DaveSimmons]

If your real idea is for something like mortgages where rates can change daily:

How will you keep it updated, and how will you factor in how well-qualified the person that was offered the rate was?

A database comparing different rates for different time periods and different credit scores might not be very useful.

Assuming it is legal and callers/mailers aren't held to any privacy agreement, you need either paid "secret shoppers" to keep the information current (which won't work if the banks require ID) or you need your customers to supply the information for you (a chicken and egg problem since you need the information to attract customers).

 

[aplefka]

Sounds somewhat like trying to get car dealers on bait and switch and actually getting the lost leader that they advertise. But if you don't understand that then you're just a n00b car buyer and continue on, nothing to see here.

 

[zerocool1]

I don't think it'd violate DCMA, but other legal issues may exist. Keeping it updated will be kind of tough wouldn't it?

 

[jagec]

Originally posted by: A2THET
heh, im assuming thats a "real" response suggesting that this is in gray area and there's no clear cut answer?

That's a real response suggesting that we don't know for sure, and you'd really want a lawyer to make sure you're in the right.

Or you could just go ahead and do it, and if you're lucky they'll send you a cease-and-desist letter before filing a lawsuit.

 

[notfred]

I was unaware that you could copyright a percentage.

 

[A2THET]

As I mentioned this is a "similar" idea to what I had in mind, but its not the same as mortgage rate monitoring. On a side note, for those lookin for mortgage rate comparisons and dont know of it, visit Bankrate.com its an AWESOME resource.

jagec, I was hoping that for some reason there might be a clear cut answer, but I think you're right and need to consult with a lawyer about this. Thanks guys.

 

[DrPizza]

You could probably get away with it. Why though? You couldn't possibly keep it current.

 

[EyeMWing]

Chances are, if there is any question about if it violates the DMCA, it violates the DMCA.

 

[gsaldivar]

Originally posted by: n0cmonkey
Get a lawyer.

 

[imported_Hi]

get a lawyer to check over everything

 

[AFB]

Originally posted by: notfred
I was unaware that you could copyright a percentage.

Talk to the people at Fatwallet with prices.

 

[gsaldivar]

Originally posted by: notfred
I was unaware that you could copyright a percentage.

Absolutely.

Also, numbers, percentages, formulas, words, code, music notes, etc etc... :beer:

 

[mugs]

Originally posted by: aplefka
Sounds somewhat like trying to get car dealers on bait and switch and actually getting the lost leader that they advertise. But if you don't understand that then you're just a n00b car buyer and continue on, nothing to see here.

How many cars have you bought?

 

[mwtgg]

Originally posted by: AFB

Originally posted by: notfred
I was unaware that you could copyright a percentage.

Talk to the people at Fatwallet with prices.

Are you talking about the scanned advertisements or scanned coupons?

 

[mugs]

Originally posted by: mwtgg

Originally posted by: AFB

Originally posted by: notfred
I was unaware that you could copyright a percentage.

Talk to the people at Fatwallet with prices.

Are you talking about the scanned advertisements or scanned coupons?

No, a lot of sites got in trouble just for posting the prices, in text, no images. But this is a slightly different situation - this is information that anyone has access to.

 

[mwtgg]

Originally posted by: mugs

Originally posted by: mwtgg

Originally posted by: AFB

Originally posted by: notfred
I was unaware that you could copyright a percentage.

Talk to the people at Fatwallet with prices.

Are you talking about the scanned advertisements or scanned coupons?

No, a lot of sites got in trouble just for posting the prices, in text, no images. But this is a slightly different situation - this is information that anyone has access to.

Hmm, swore it involved images. Oh well.

 

[yllus]

According to the U.S. Supreme Court in Feist v. Rural Telephone Service:

Since facts do not owe their origin to an act of authorship, they are not original, and thus are not copyrightable. Although a compilation of facts may possess the requisite originality because the author typically chooses which facts to include, in what order to place them, and how to arrange the data so that readers may use them effectively, copyright protection extends only to those components of the work that are original to the author, not to the facts themselves.

The DMCA came into play in the Obesewallet affair because Wal-Mart wished to use its provision to allow a "copyright owner or a person authorized to act on the owner's behalf" to "request the clerk of any United States district court to issue a subpoena to a service provider for identification of an alleged infringer" (DMCA Sec. 512(h)). It was just their way of trying to shortcircuit the route to discovering who the leak was.

What you wish to do still may be against the law if a privacy agreement is broken. I have no idea if that would be the case.