Ernest, At Length, On Berkeley Berkshire Systems

Ernest Miller goes into great depth discussing the Berkshire Information Systems case cited earlier last weekConfusing DMCA “Database” Decision Not About Databases.

As Ernest digs into the case, he gets into a set of issues that were at the heart of my response to the current H2O cycle of questions for the history of intellectual property discussion — the role of technology in defining the notion of “access” and the difficulty in reconciling this role within the general notion of IP protection.

Worth reading carefully.