Larry -
If you want to go there (I'm not a lawyer, but I've worked with them every
day for the past 17 years):
It could be argued that if the archive existed when you subscribed (or
first posted) to the list, and you knew about it, you gave tacit approval
to the archiving by posting.
It could even be argued that you gave tacit approval, whether or not you
knew about the archive initially, by posting AFTER you knew about the
archive's existance, and that approval could be assumed to be retroactive
to day 1, if you didn't explicitly protest.
On the other hand, anyone who plans on making a profit from your words, who
actually counted on an argument like that to protect them from legal
action, well...
Now, back to your regularly scheduled reality.
At 06:06 PM 2/8/00 -0500, you wrote:
>This brings up an interesting question concerning the archive. I do not
>remeber stating that my words could be reproduced there, unless it was in
>the signup info and I do not recall seeing it there. I know that my words
>are reproduced on every list members computer but I gave implicit
>permission for that by submitting a post to the list, or contributing to
>a thread (hey if he's gonna use my name I'm gonna use that term). Not
>that I have any personal objection to the archive its just that I gave no
>permission for it to include my postings. I don't care, but somebody that
>writes a lengthy treatise on, say replacing the kingpins on a 60 Sprite
>and how that differs from a 78 Midget might someday want to publish info
>that and I can get it for free from the archive. So if we are gonna pound
>this nail - let's pound it.
>
>Is my posting to the list a free representation for anyone to reuse the
>words with out permission??
>
>Don't care - just wondered.
>
>Larry
>Not a copyright lawyer and don't want to be one either.
>
>>>>>On 2/8/00 4:59 PM so and so (Daniel1312@aol.com) said. (And I quote:)
>
>>List,
>>
>>My understanding of copyright is that the author holds copyright first and
>>anyone else including the BBS, this list or whatever holds copyright
>>second.
>>If someone has written something which appears on the BBS, this list or
>>wherever it cannot be reproduced somewhere else without the permission of
>>the
>>the writer and the first publisher.
>>
>>The difficult part is proving that you originated the words in the first
>>place and even in UK magazines there are some writers that simply cut and
>>paste from technical books to produce what amounts to technical worded crap.
>>
>>The other difficult part is the area of law that allows samples and quotes
>>and I think that the users of the list have often quoted from David
Vizard's
>>book and this is acceptable as long as whole pages, even chapters aren't
>>reproduced AND credit is given to the author.
>>
>>What needs to happen is for a polite question to be posed to whoever used
>>Frank's stuff to see if they were ignorant of copyright law or whatever -
>>IMHO.
>>
>>NOT LEAST - I keep telling Frank he ought to do some writing and get paid
>>for
>>it so if nothing else this wild and angry thread might produce some
>>encouragement in the right direction.
>>
>>
>>Daniel1312
>
>
>Larry Macy
>78 Midget
>
>Keep your top down and your chin up.
>
>Larry B. Macy, Ph.D.
>macy@bblmail.psycha.upenn.edu
>System Manager/Administrator
>Neuropsychiatry Section
>Department of Psychiatry
>University of Pennsylvania
>3400 Spruce St. - 10 Gates
>Philadelphia, PA 19104
>
> Ask a question and you're a fool for three minutes; do not ask a
>question and you're a fool for the rest of your life.
>
>
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