Common Cause - Page 19




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          scrutinize the activities of each of the parties compensated in             
          the list rental transaction to ascertain whether they are                   
          undertaken to exploit or protect petitioner's list.  Hereinafter,           
          we refer to activities which are undertaken to exploit or protect           
          the list as royalty-related activities.                                     
               Names                                                                  
               In a list rental transaction, Names' activities as list                
          manager include:  (1) Promoting list rental transactions                    
          involving petitioner's rental list via distribution of data                 
          cards, solicitations, and personal sales calls directed at list             
          brokers and potential customers; (2) approving or disapproving              
          all list rental orders from mailers by applying petitioner's                
          standing instructions or forwarding the order to petitioner for             
          final approval; (3) arranging with Triplex to fill the order; (4)           
          billing the mailer or the mailer's list broker; (5) paying                  
          Triplex the amounts it is owed; and (6) remitting payment to                
          petitioner.                                                                 
               In the context of the list rental transaction, a list owner            
          has certain intangible information regarding the individuals and            
          entities whose names and addresses appear on its list.                      
          Specifically, the list owner knows that such individuals and                
          entities are responsive to direct mail and willing to support               
          certain tax-exempt organizations.  To exploit that knowledge, the           
          list owner must first let others know that the list is available.           





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Last modified: May 25, 2011