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- Xref: sparky comp.org.eff.talk:4786 misc.legal.computing:1453
- Newsgroups: comp.org.eff.talk,misc.legal.computing
- Path: sparky!uunet!cs.utexas.edu!asuvax!ennews!gtephx!forda
- From: forda@gtephx.UUCP (Andrew Ford @ AGCS, Phoenix, Arizona)
- Subject: Re: NetNews/CD - USENET News Available
- Message-ID: <1992Jul23.223112.1226@gtephx.UUCP>
- Organization: gte
- References: <1992Jul1.014403.702@colorado.edu> <1992Jul1.225926.3069@colorado.edu> <1992Jul19.123930.6810@athena.mit.edu>
- Date: Thu, 23 Jul 1992 22:31:12 GMT
- Lines: 57
-
- In article <1992Jul19.123930.6810@athena.mit.edu>, sst@athena.mit.edu (S. Tucker) writes:
- > There's been quite a bit of hypothetical discussion and some mention
- > of copyright notices in people's signatures. I'd like to bring up a
- > more concrete example. This notice appeared at the top of two Hugo-
- > Award-nominated short stories posted in a science fiction group:
- >
- > The following story is by Mike Resnick and copyright 1991 by
- > Davis Publishing. It is published here with the permission
- > of the author. Permission is granted to transmit this story
- > in the normal flow of USENET, including expiration at the
- > normal expiry time for your system, however it is not to be
- > made available in archives without the permission of the
- > author. All other rights reserved.
- >
- > So what happens if Davis Publishing (not a basement operation) finds
- > the stories for sale along with the rest of the month's netnews on
- > CD-ROM? Will they have a winning case, no case, or something that's
- > a complete toss-up until it's actually tried in court?
- >
- A complete toss-up.
-
- However, the smart money will take note of the fact that the act of
- posting to netnews results in archival somewhere: such action being
- taken at the direction of the poster.
-
- IMHO, the person posting the story knew (or should have known) that
- he was instructing a machine somewhere to archive this post. He
- therefore commanded a machine to put the post somewhere the copyright
- holder did not want it to go: the copyright infringement was committed
- by the person who posted.
-
- On the other hand, if the poster finds these stories in and archive and
- then calls the sysop of that site and requests that the stories be
- removed because the owner does not want them there, then the sysop
- had best comply or the owner of the machine may be liable for
- copyright infringement.
-
- I would view the archive site as a library which takes donations
- in the form of news posts and/or buys books in the form of
- disks/tapes/CD-ROMs.
-
- Can the library be held liable if it is given a pirated copy of a
- book?
-
- Can the library be held liable if it buys a pirated copy of a book?
-
- Only if the library has been made specifically made aware that it is
- loaning out illegal copies of a book.
-
-
-
-
- --
- "25 States allow anyone to buy a gun, strap it on, and walk down the street with
- no permit of any kind: some say it's crazy. However, 4 out of 5 US murders are
- committed in the other half of the country: so who is crazy?" - Andrew Ford
- gtephx!forda@enuucp.eas.asu.edu OR !uunet!samsung!romed!enuucp!gtephx!forda
-