New York Times Co. , et. al. v. Jonathan Tasini et. al. Usually called the Tasini case, freelance writers sued the New York Times and other print publications for licensing individual articles to database companies without permission from the writers, who retained the copyright on the articles. One of the main turning points was that the publishers had explicit permission only to include the articles in the print publication. However, copyright law did not allow the publishers to break their publications up and make the articles accessible to readers out of the original context.
It is masked but always present. I don't know who built to it. It came before the first kernel.