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ProCD, Inc. v. Zeidenberg was sort of about this:

> For Zeidenberg's argument, the circuit court assumed that a database collecting the contents of one or more telephone directories was equally a collection of facts that could not be copyrighted. Thus, Zeidenberg's copyright argument was valid.[1] However, this did not lead to a victory for Zeidenberg, because the circuit court held that copyright law does not preempt contract law. Since ProCD had made the investments in its business and its specific SelectPhone product, it could require customers to agree to its terms on how to use the product, including a prohibition on copying the information therein regardless of copyright protections.

https://en.wikipedia.org/wiki/ProCD,_Inc._v._Zeidenberg



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