Great Circle Associates List-Managers
(August 2002)
 

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Subject: Re: The gmane issue
From: JC Dill <inet-list @ vo . cnchost . com>
Date: Mon, 19 Aug 2002 14:04:55 -0700
To: List-Managers @ greatcircle . com
In-reply-to: <200208192029.g7JKTtR19689@quill.local>
References: <5.0.0.25.2.20020819123912.038caaf0@pop3.vo.cnchost.com><94C8EDE0-B39F-11D6-8294-0003934516A8@plaidworks.com><200208191738.g7JHc0i18428@quill.local><5.0.0.25.2.20020819123912.038caaf0@pop3.vo.cnchost.com>

On 01:29 PM 8/19/02, Norbert Bollow wrote:
 >JC Dill <inet-list@vo.cnchost.com> wrote:
 >
 >> One could argue that subscribing and mirroring a mailing list on the
 >> Internet is akin to the paper book parallel of buying a single copy of a
 >> book then putting it in a lending library.  In both cases, the "owner"
 >> provided the item to subsequently be shared (via the mailing list
 >> subscription or the book sale).  Both purposes serve to make the
 >> information available to a wider group of people.  Lending libraries are
 >> permitted by copyright law, even though many book publishers were against
 >> the idea when libraries first became popular.  Why should mailing list
 >> mirrors and archives be treated differently?
 >
 >Mailing list mirrors and public archives involve creating additional
 >copies of copyrighted materials; that is not the case with a lending
 >library.
 >
 >> I can't find anything specific in Title 17 regarding the
 >> establishment of lending libraries and how they were permitted under
 >> copyright law.  :-(
 >
 >Section 109 is specifically about that.

Section 108 has provisions for making up to three whole copies in specific 
cases.  Section 108 addresses copyright and copying issues for books and 
phonorecord items but doesn't address electronic copies of something that 
doesn't exist at all in "hard copy".  Who knows how it will be interpreted 
regarding content that has been published *solely* on the Internet.

jc







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