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| Chilling Effects Clearinghouse > DMCA Notices > Weather Reports > There Will Be Snark: DMCA Recipient RE: Bank Routing Numbers Acquires Pro Bono Representation | 
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|  There Will Be Snark: DMCA Recipient RE: Bank Routing Numbers Acquires Pro Bono RepresentationAdam 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. 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. 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. 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. 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. "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. 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.
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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