On Mon, 19 Aug 2002, Chuq Von Rospach wrote:
(lots of good stuff snipped)
> A second argument is because public archiving is generally
> acceptable (just look around) without any real controversy, that
> an assumption that it's okay unless you say otherwise is a
> reasonable one. (whether that should be the default, acceptable
> assumption or not is irrelevant. On the net, it is)
All kinds of business practices, which were SOP among the
dotcoms, apparently, are now causing indictments. So even that may
not be safe.
> I'm not a copyright lawyer by any means,... it's a massive
> tar-baby, and it won't get any better any time soon.
Me neither, nor want to be ; but that's for sure.
> Undoubtably, the original author owns the copyright on the
> message he sends to a list. What happens after that gets very
> muddy, very fast.... (snip)
>
> As the list owner, the rights are somewhat tenuous. You don't own that
> message, the author does. You can claim compilation-copyright on the
> collection of messages as a group (similar to an anthology of stories
> published together),
One more complication: you could put in a line, like the
ones on things submitted to contests, saying "All submissions
become property of the listowner" or words to that effect; at least
one list seems to (haven't checked lately; but I know the listowner
claims the rights).
> So the real answer is "we dunno. you can quote copyright law all
> day, and there are no precedents to back it up". So anything can
> happen. If you feel not allowing archives and protecting your
> archives from use without approval is important, you better make
> your wishes very clear and explicit. And even then, who knows?
> Until there's precedents, who knows what might be decided.
I still concur right down the line. There just ain't no
answers -- may not be in our time. The Congress doesn't move fast
enough to keep up with technology, on this any more than on spam or
a lot of other things.
--
Beartooth <karhunhammas (at) lserv.com>, Linuxer's apprentice w/RH 7.2;
pine 4.43 on ISP's SunOS 5.8; Opera 6.02, Galeon 1.2.5, & Mozilla 1.0
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