ideas or procedures for reliably and profitably collecting facts. As ideas or procedures, BAPCO’s decision to offer a free listing and its decisions regarding soliciting advertisements, heading in the 1984 Yellow Pages from the 4,700 primary headings and approximately 34,000 related headings in the BAPCO headings book. BAPCO presented the undisputed testimony of Gerald Brown that the BAPCO headings book is not standardized to coincide with the menu of classified headings used in National Yellow Page Sales Association (NYPSA) publications. Moreover, even if BAPCO’s selection of classified headings is similar to other NYPSA publications, it would still be copyrightable under Feist so long as BAPCO selected independently. See Feist, 499 U.S. at -, 111 S.Ct. at 1287, 113 L.Ed.2d at 369 (<HOLDING>). In addition, the testimony of Donnelley’s own
holding that a defendants attorney can waive the defendants sixth amendment confrontation right so long as the defendant does not dissent from his attorneys decision and so long as it can be said that the attorneys decision was a legitimate trial tactic or part of a prudent trial strategy holding aedpas contrary to clause does not require citation of our cases indeed it does not even require awareness of our eases so long as neither the reasoning nor the result of the statecourt decision contradicts them holding that it is not holding that it may not holding that originality does not signify novelty a work may be original even though it closely resembles other works so long as the similarity is fortuitous not the result of copying