Re: Cohen Cite; Moral Right of Retraction!! RE: Email Archive Request

2001-05-08 Thread idalton
On Tue, May 08, 2001 at 01:39:49AM -0400, James Miller wrote: > > --- Eric Sherrill <[EMAIL PROTECTED]> wrote: > > Yes, but in the _Salinger_ case, these were > > unpublished letters that > > Salinger wished to prevent from being published. > > Usenet posts and public > > mailing list posts a

Re: implicit permissions re: Email Archive Request

2001-05-08 Thread Sam TH
On Tue, May 08, 2001 at 02:17:11AM -0400, James Miller wrote: > One thing that concerns me about both the GPL and Open Source licenses > in general is that there's undue focus on their treatment under U.S. > law. We need to consider hte international implications carefully as > well, particular

Re: (un)published works and email re: Email Archive Request

2001-05-08 Thread David Starner
On Tue, May 08, 2001 at 01:54:09AM -0400, James Miller wrote: > Martin Luther King Jr.' s estate brought a successful claim of > infringment for his "I have a dream speech" on the basis that it was > "unpublished" within the meaning of hte statute. I think you've got it wrong. According to Proje

implicit permissions re: Email Archive Request

2001-05-08 Thread James Miller
Well, at least in the common-law jurisdictions the contractural waivers will get significant weight. I think we can craft a narrow moral rights exclaimer as well--blanket waivers can be problematic however. If the author seeks to revoke their consent you get into the non-exclusive rights anal

disclaimer now? Re: Email Archive Request

2001-05-08 Thread James Miller
But there are cases where a transferee is deemed to have a non-exclusive license for some sec. 106 purposes. See Effects Associates. In any event do we agree that a disclaimer is a good idea to prevent any ambigutiies in the future? Shall we send the disclaimer to debian list members informi

legal esoterica Re: Email Archive Request

2001-05-08 Thread James Miller
I don't disagree but I think there should be a disclaimer when the major-domo requests are processed that requires assent to redistribution. Alot of this stuff seems esoteric until you get sued... ;<  I mean frankly copyright law hasn't been much of an issue except to libraries and musicians unt

(un)published works and email re: Email Archive Request

2001-05-08 Thread James Miller
Martin Luther King Jr.' s estate brought a successful claim of infringment for his "I have a dream speech" on the basis that it was "unpublished" within the meaning of hte statute. I wonder if the string of cases for defamation/tort for Email's (seems like AOL was implicated in one suit) don'

Cohen Cite; Moral Right of Retraction!! RE: Email Archive Request

2001-05-08 Thread James Miller
; Stafford, TX 77477-3006 > 281-274-4133 > > > -Original Message- > From: Sam TH [mailto:[EMAIL PROTECTED] > Sent: Friday, May 04, 2001 5:39 PM > To: James Miller > Cc: debian-legal@lists.debian.org > Subject: Re: Email Archive Request > > > On Fri, May

Re: Email Archive Request

2001-05-05 Thread Sam TH
On Sat, May 05, 2001 at 02:41:33AM -0400, Brian Ristuccia wrote: > On Fri, May 04, 2001 at 09:56:01PM -0500, Sam TH wrote: > > > > You could easily write a streaming SMTP client. Sure, it's a bad > > idea, but that never stopped copyright law before. The choice of > > whether to record has every

Re: Email Archive Request

2001-05-05 Thread Brian Ristuccia
On Fri, May 04, 2001 at 09:56:01PM -0500, Sam TH wrote: > > You could easily write a streaming SMTP client. Sure, it's a bad > idea, but that never stopped copyright law before. The choice of > whether to record has everything to do with the reciever, and nothing > to do with the medium. > A

Re: Email Archive Request

2001-05-04 Thread Sam TH
On Fri, May 04, 2001 at 10:13:32PM -0400, Brian Ristuccia wrote: > On Fri, May 04, 2001 at 08:47:38PM -0500, Sam TH wrote: > > > > But then, Tivo's remove television as a broadcast medium. The > > technical details involved in sending a message to lots of people are > > likely irrelevant from a le

Re: Email Archive Request

2001-05-04 Thread Brian Ristuccia
On Fri, May 04, 2001 at 08:47:38PM -0500, Sam TH wrote: > > But then, Tivo's remove television as a broadcast medium. The > technical details involved in sending a message to lots of people are > likely irrelevant from a legal perspective. If you watch TV on your > computer, and the broadcast is

Re: Email Archive Request

2001-05-04 Thread Sam TH
On Fri, May 04, 2001 at 08:51:51PM -0400, Brian Ristuccia wrote: > On Fri, May 04, 2001 at 07:39:14PM -0500, Sam TH wrote: > > On Fri, May 04, 2001 at 07:26:04PM -0400, Brian Ristuccia wrote: > > > that gave him the letters. One can hardly argue that a latter sent to a > > > public mailing list is

Re: Email Archive Request

2001-05-04 Thread Sam TH
On Fri, May 04, 2001 at 06:00:09PM -0700, Mark Rafn wrote: > > But realistically, don't post to the list if you want the message kept > private. You might have a technical legal standing to have it removed > from the archive, but you'll piss a lot of people off in the process, cost > Debian a lot

Re: Email Archive Request

2001-05-04 Thread Mark Rafn
> On Fri, May 04, 2001 at 07:26:04PM -0400, Brian Ristuccia wrote: > > that gave him the letters. One can hardly argue that a latter sent to a > > public mailing list is unpublished. On Fri, 4 May 2001, Sam TH wrote: > Actually, that isn't true. To quote from 17 USC 101: > > "Publication" is th

Re: Email Archive Request

2001-05-04 Thread Brian Ristuccia
On Fri, May 04, 2001 at 07:39:14PM -0500, Sam TH wrote: > On Fri, May 04, 2001 at 07:26:04PM -0400, Brian Ristuccia wrote: > > that gave him the letters. One can hardly argue that a latter sent to a > > public mailing list is unpublished. > > > > Actually, that isn't true. To quote from 17 USC 1

Re: Email Archive Request

2001-05-04 Thread Sam TH
On Fri, May 04, 2001 at 07:26:04PM -0400, Brian Ristuccia wrote: > that gave him the letters. One can hardly argue that a latter sent to a > public mailing list is unpublished. > Actually, that isn't true. To quote from 17 USC 101: "Publication" is the distribution of copies or phonorecords o

Re: Email Archive Request

2001-05-04 Thread Brian Ristuccia
On Fri, May 04, 2001 at 05:39:06PM -0500, Sam TH wrote: > On Fri, May 04, 2001 at 03:58:29PM -0400, James Miller wrote: > > Courts have construed the conveyance of coyprighted material and later > > attempts to revoke rights to "use" as unenforceable. In a case > > involving a company that did som

RE: Email Archive Request

2001-05-04 Thread Eric Sherrill
truments HFAB1 Automation Systems Stafford, TX 77477-3006 281-274-4133 -Original Message- From: Sam TH [mailto:[EMAIL PROTECTED] Sent: Friday, May 04, 2001 5:39 PM To: James Miller Cc: debian-legal@lists.debian.org Subject: Re: Email Archive Request On Fri, May 04, 2001 at 03:58:29PM

Re: Email Archive Request

2001-05-04 Thread Sam TH
On Fri, May 04, 2001 at 03:58:29PM -0400, James Miller wrote: > Courts have construed the conveyance of coyprighted material and later > attempts to revoke rights to "use" as unenforceable. In a case > involving a company that did some special effects for a movie company > that then failed to pay