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>"Habeas' patent-pending service works by trademarking and
>copyrighting a unique set of lines, known as the warrant mark, which
>is embedded in the headers of outgoing email. Included is a haiku, a
>17-syllable Japanese poem.
>Copyright offers legal protection to the poetry. Trademark offers
>legal protection to other parts of the email header."
I remember a similar trademark-based scheme being proposed several
years ago, and as I remember it the conclusion was that trademark law
could not be used to prevent interoperability. For example, Apple
couldn't prevent you ataching non-apple drives to Macs by making the
connector pins be a trademarked apple shape.
I don't remember whether copyright was considered.