Here, the decision to assert copyright infringement for Internet content such as an FAQ page might not have been wise, especially when there truly are distinctions between the Web pages at issue.

FOR EVERY frequently asked question (FAQ) there is an answer. And with respect to the question of whether FAQs posted on Web sites are deserving of copyright protection, Judge Barbara B. Crabb, of the U.S. District Court for the Western District of Wisconsin on May 2 answered “no,” in the case Mist-On Systems, Inc. v. Gilley’s European Tan Spa. Thus, it appears that lawsuits designed to snuff out the competition by seeking to attack Web content such as FAQs may fail, and if anything, may embolden competitors.

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