There Will Be Snark: DMCA Recipient RE: Bank Routing Numbers Acquires Pro Bono Representation

Adam Holland, August 27, 2013

Abstract: In early July, we wrote about Greg Thatcher, who received a DMCA notice from the American Bankers Association, demanding the takedown of his website offering a searchable database of U.S. bank routing numbers.
There have been new developments in the situation, most notably an amazing letter from Thatcher's new lawyers.

Regular Weather Report readers will recall the story in early July of Greg Thatcher, who ran a website full of useful tools and widgets, including a searchable list of bank routing numbers.
You can read our Report here.

Thatcher had received a similar letter in the past, and had retained legal representation to deal with it, but nothing ever came of it, because, as Thatcher described it.
"[T]he lawyer at the ABA refused to answer his calls, so my lawyer told me to go ahead and keep the numbers up."

But the ABA decided to try again, and this time sent the letter not only to Thatcher, but to many other sites offering access to the numbers.
Don't forget, the numbers in question are available for free download from the Federal Reserve.

As we learned when we dug into this in July, a search of the U.S. Copyright Office records reveals that the ABA does indeed have a registered copyright in what is described as the key to the routing numbers. The most recent entry is for 2012.

But the real issue is the ABA's claim of copyright in the numbers themselves.
The ABA's lawyer wrote to Thatcher that

"Each nine digit ABA Routing Number is an original copyrighted work carefully selected and arranged as a result of the ABA's creativity. Copyright exists from the moment of creation of each ABA Routing Number"

As we and others have noted, this is on its face pretty ridiculous, and smacks of a form letter designed to intimidate, rather than a well-grounded legal argument.

It now turns out that there is at least one law firm, Martin & Associates, that agrees, and they have offered Mr. Thatcher pro bono representation in this matter.
They've written to the ABA, an absolutely fantastic letter dripping with snark and great footnotes that you can read here.
They make excellent legal arguments, but also aren't going to waste the opportunity to skewer such a weak claim. They even cite to Feist, as of course they should have. Too bad the ABA didn't bother to read that case before sending their letter to Thatcher.

Key quotes include:

"What confounds us is that you claim copyright in the Routing Transit Numbers themselves."

"We're not charging Greg because we used to use his site a lot. And we never paid him anything. But then you wrecked it for everyone. That wasn't nice."

"And you must be aware that information itself isn't copyrightable. It just isn't."

There's even a shout-out to the Spice Girls.
It's really a must read.

Thatcher's website also has a compilation of the latest information and materials in the case.

We'll be following with great interest.

[UPDATE: 2013-09-30 The letter on behalf of Thatcher by Andrew Delaney of Martin & Associates is getting some national attention.]

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