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COURT DENIES BAPCO'S SUMMARY JUDGMENT MOTION THAT AMERICAN BUSINESS INFORMATION HAS INFRINGED UPON BAPCO'S COPYRIGHT

COURT DENIES BAPCO'S SUMMARY JUDGMENT MOTION THAT AMERICAN BUSINESS
 INFORMATION HAS INFRINGED UPON BAPCO'S COPYRIGHT
 OMAHA, Neb., Sept. 14 /PRNewswire/ -- American Business Information, Inc. (NASDAQ-NMS: ABII) (ABI) today announced that the U.S. District Court for the Northern District of Georgia had ruled on cross-motions for summary judgment in litigation pending between ABI and BellSouth Advertising & Publishing Corporation (BAPCO). On Sept. 8, 1992, the court, after acknowledging that BAPCO had a valid copyright on its yellow pages directories as mandated by the Donelley decision, denied BAPCO's motion for summary judgment which claimed that ABI had infringed BAPCO's copyright. The court affirmed that copyright protection does not extend to the facts themselves and the mere use of information contained in a directory without a substantial copying of the format does not constitute infringement. The court rejected BAPCO's argument that ABI's "keying" of yellow pages information into its computer database was, by itself, an act of infringement. The court, following the Feist decision, confirmed that copyright protection does not extend to facts, and that the mere use of information contained in a directory without a substantial copying of the format does not constitute infringement.
 The court went on to determine that a triable issue of fact exists as to whether ABI "substantially appropriate(s) the constituent elements of (BAPCO's) original format" or merely copies uncopyrightable facts. BAPCO's motion with respect to ABI's affirmative defenses, many of which became moot as a result of the partial settlement reached in December 1991, was granted in part and denied in part. The court determined that triable issues of fact exist with respect to ABI's affirmative defense of estoppel. A specific trial date has not been set to determine whether ABI has infringed BAPCO's copyright and with respect to ABI's estoppel defense. ABI continues to believe that it has meritorious defenses to BAPCO's allegations.
 ABI is a leading provider of business-to-business marketing information which it supplies from its continually updated and expanded database. ABI's products and services include customized business information products, business directories, market research services, on-line information services and telephone information services.
 -0- 9/14/92
 /CONTACT: Jon D. Hoffmaster or Jim Pflug, 402-593-4500, both of American Business Information/
 (ABII) CO: American Business Information, Inc. ST: Nebraska IN: SU:


AL -- MN002 -- 9026 09/14/92 10:15 EDT
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Copyright 1992 Gale, Cengage Learning. All rights reserved.

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Publication:PR Newswire
Date:Sep 14, 1992
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