On May 6, 2005, at 2:48 PM, Anthony Atkielski wrote:
Paul Schmehl writes:
Before you start spouting legal advice on a public list, I would suggest
that you point to chapter and verse that *specifically* addresses posts
made to a public forum that *explicitly* states that such posts will be
archived and *explicitly* states that you have the right to request their
removal *and* the right to sue if the archiving party refuses to remove
them. Furthermore, you must first prove that post made to a public forum
are protected by copyright laws.
Any creative work fixed in a tangible medium is protected by copyright
by default. Any form of reproduction of a copyrighted work requires the
permission of its creator, _except_ as otherwise provided by law.
That's the way the law is written. No exceptions are made for archival
of mailing lists in publicly accessible archives (nor for any other use
of messages to mailing lists, AFAIK).
Maybe you should look at the definition of Fair Use, especially balanced against what copyright was meant to protect...namely the author's ability to profit. The archives aren't preventing the author from profiting and they aren't profiting from someone else's work...
Look at the disclaimer for the ARCHIVE at archives.econ.utah.edu/archives .
How about nobody talk to you anymore because they need a consent form to quote you in their replies? Would that help? That way people on the list could only respond to people that are slightly more reasonable... :-)
Dilemma...how do I get permission to quote you to reply to you? I can't quote your message back to you to ask for permission for fear of breaching your copyright, and I can't just send you my own words alone without reference...then you might not know what I was referring to, which is clearly not allowable since it isn't legally specific enough to get permission to answer what it is you wanted answered.
Wait...are you a Vogon?
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