From: Steve.Withers@bbs.actrix.gen.nz
Subject: Re:  machine phone calls
Organization: Actrix Information Exchange
Date: Sun, 12 Apr 1992 02:56:56 GMT

In article <sbiddle.055i@aviate.cavebbs.gen.nz> sbiddle@aviate.cavebbs.gen.nz (Steve Biddle) writes:
> 
> The problem is that as far as I'm aware of, lists don't exist. They are simply
> randomly selected. It would be illegal for a company to copy numbers out of
> the phone book for their own use. I can only think of one way to stop this,
> and that revolves around crashing the machine, surely it can't be _that_ hard
> to do! :-)
> --
>  -------------------------------------------------------------
>  Steven Biddle	     -	   Mail: sbiddle@aviate.cavebbs.gen.nz
>  Wellington, New Zealand.    OR: BIDDLE_S@kosmos.wcc.govt.nz
>  -------------------------------------------------------------
 
I am interested in your assertion that it is illegal to copy numbers out of
the phone book for use. My understanding is that it is illegal to publish
phone numbers in the form of a directory in such a way that it would violate
Telecom's copyright on the phone directory. 
 
In other words, I can enter every number in the book into a database for my
own use, but I couldn't (and even this is debatable) sell my database to
businesses for their use. The former is making use of the phone directory in
the appropriate way - look the number up and phone it. It is not more illegal
than you keeping often-used phone numbers in your address book. Should you
wish to, you are perfectly entitled to dial every number in the book as often
as you like (though less often than 5 times per minute). 
 
The latter is publishing copyrighted material and - as such - is illegal. Some
do make the argument that the phone numbering system is public property - or
SHOULD be - and that - as such it cannot be illegal to reproduce it. These
people take the view that it would be illegal to publish for sale a "phone
directory" to compete with Telecom's head-on. They say that publishing the
numbers by street adress, rather than surname would make it an almost entirely
different document altogether. They also make the point that it would be
impossible for Telecom to copyright the alphabetical listing of surnames
format as this is as ubiquitous as the air we breath.
 
The analogy here is that the phone network is like a roading system. Anyone
can produce a map of it and include any information they like - but they are
not allowed to copy someone else's map. The information is freely available,
but the format is not. To make it legal, they could approach each household
ask them if they would like to include their phone number in a "new"
directory. Thus, the source of the information is not Telecom, but the
subscribers themselves. If this is not allowed, then it is illegal for you to
tell anyone your phone number - or to print it on public notices in any way.
 
Any legal beagles like to offer an opinion? I can kill two birds with one
stone here as a friend of mine says lawyers are luddites and that it would be
unlikely to find any who spend time on modems and networking.
 
Steve
-- 
Steve Withers - Wellington, New Zealand | "But the glory kept shining
Steve.Withers@bbs.actrix.gen.nz         |  and bright in my eyes, 
Ph. +64 4 478-4714  /                   |  And the stars going round in 
FAX between 6am and 1pm Eastern ST      |  my head." R. L. S.
Xref: sparky wgtn.chat:30 soc.culture.new-zealand:1010 nz.general:508