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“Standard Rate and Data” publication (hereinafter sometimes
referred to as SRD). SRD is a direct mail industry advertising
publication that sets forth the characteristics of a number of
mailing lists available for rental, the rental rates, and the
name and telephone number of the particular list owner or list
owner’s agent to contact. When petitioner as lessee used names
that W&H obtained from outside list owners either through
exchanges of petitioner’s housefile list names or exchanges of
non-petitioner names on the W&H masterfile, W&H charged
petitioner the outside list owner’s currently advertised SRD-
published rental rate for the names furnished to petitioner or,
if no current SRD-published rental rate existed for the names
furnished to petitioner, W&H’s currently advertised SRD-published
rental rate for the names W&H gave up in the exchange
transaction.
Generally, by engaging in an exchange transaction, a list
owner is able to obtain additional names at a significantly
cheaper cost than it would otherwise incur to use the names as a
lessee in a rental transaction. For instance, in a typical
exchange transaction, the two list owners involved might agree
that each would furnish to the other 10,000 of their respective
housefile list names that meet certain prescribed specifications.
The two owners would not pay one another any cash fee; the only
costs an owner would incur include computer-related production
costs for a computer tape or mailing labels containing the 10,000
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