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- From: emcguire@intellection.com (Ed McGuire)
- Subject: Re: a.b.p.e. distribution (was, Re: Does USENET condone CHILD PORNOGRAPHY?)
- In-Reply-To: rthomson@mesa.dsd.es.com's message of Tue, 10 Nov 92 05:55:40 GMT
- Message-ID: <EMCGUIRE.92Nov11223031@fuller.intellection.com>
- Sender: emcguire@intellection.com (Ed McGuire)
- Organization: Intellection, Inc.
- References: <josh.721329561@mowgli> <1992Nov10.055540.505@dsd.es.com>
- Date: Thu, 12 Nov 1992 04:30:31 GMT
- Lines: 40
-
- In article <1992Nov10.055540.505@dsd.es.com> rthomson@mesa.dsd.es.com (Rich Thomson) writes:
-
- The other thing is that for a copyright violation to be a problem,
- the holder of the copyright must complain. Since the holder of the
- copyright in this case would have to sue "usenet", which doesn't
- really exist as a legal entity (would they sue all sites
- world-wide?), its difficult to see what the problem would be,
- unless they chose to sue a few, wealthy sites as the problem.
-
- The copyright holder certainly could sue the copyright violator, who
- is the person who distributed the material over a public network by
- posting it, not the people who received the material thus distributed.
- Usenet does not really enter into the question as a body, as I see it.
-
- As a parallel, consider someone who sells illicit copies of a book.
- Having the publisher sue en masse the people who bought the copies,
- for damages of, say, $10 per copy, seems ludicrous to me. They have
- not broken any copyright law and they were (we assume) unaware that
- there was even an infringement. The legal system simply recognizes
- the damage to the copyright holder in the form of lost sales revenue,
- which may be recovered from the renegade publisher.
-
- Similarly in the case of netnews, the poster is liable, but the
- network should not be.
-
- However, if someone notifies me that our news spool contains an
- illicit copy of something, I might try to contact the sender and
- originating site, post a warning to appropriate newsgroups, or contact
- the copyright holder or civil authorities. I really do not know what
- steps are legally incumbent upon me if I find that my news feed is
- carrying illicit materials, so I might consult our corporate law firm.
-
- I'm not even sure that I must remove the article from my spool, any
- more than somebody who buys an illicit copy of a book must remove it
- from the shelf.
- --
- Ed McGuire 1603 LBJ Freeway, Suite 780
- Systems Administrator/ Dallas, Texas 75234
- Member of Technical Staff 214/620-2100, FAX 214/484-8110
- Intellection, Inc. <ed@intellection.com>
-