mining and rights

I love Joe's term 'the principle ... of the infinite
divisibility 
of copyright'.  This is exactly the basis on which work of
the 
Zwolle Group (www.surf.nl/copyright), and our own model
copyright 
agreements for journal contributors 
(http://www.alpsp
.org/htp_grantli.htm) are based.  Once you see 
copyright as a bundle of rights which can (and, IMHO,
should) be 
unpicked, life gets a whole lot easier!

Sally Morris, Chief Executive
Association of Learned and Professional Society Publishers
South House, The Street, Clapham, Worthing, West Sussex BN13
3UU, UK
Email:  sally.morrisalpsp.org

----- Original Message -----
From: "Joseph J. Esposito" <espositojgmail.com>
To: <liblicense-llists.yale.edu>
Sent: Saturday, June 03, 2006 12:14 AM
Subject: Re: mining and rights

>I have myself seen (and negotiated) licenses that state
*how* an 
>information resource is used, though not in the area of
research 
>journals. The principle that these licenses rested upon
was the 
>infinite divisibility of copyright. Such licenses are
very 
>common in the reference area, especially for lexical
products, 
>which often are licensed to search engine companies. 
The 
>licenses stipulate that the reference/lexical data could
be 
>incorporated into the search process, but that the data
could 
>not be viewable by a human.  The search world is
evolving 
>rapidly, and whether the inclusion of such databases
continues 
>to add value, I do not know.  IP law requires
specialists, and I 
>am not among them.
>
>Separating "human reading" from
"machine reading" may have other 
>implications.  For one, the fair use doctrine may not
apply to 
>robots, since there is no case to be made that a robot
is a 
>student.  As to what is the right or wrong way to view
this 
>situation, it all depends on whether you are buying or
selling.
>
> Joe Esposito