At 22:28 on 4 Feb 2002 Wilbur Haines wrote:

> I have long held the view that such unauthorized recordings should not be 
> listed on db.etree.org.  Why?  Look at that URL again.  Those shows aren't 
> listed because somebody just wants to brag about what they have - those are 
> trading lists.  A jury would rip you a new one if you tried to cutely deny 
> that those lists constitute an offer to trade what's on the list for the 
> right incentive.

Amen...

As a former lawyer (not copyright...mind you...but *very* 
familiar with what entities with an interest in enforcing 
property rights can and *will* do), we need to be clear 
that cutesy arguments about "non-tradeables" will NOT 
fly in a legal setting.

> 
> etree should not be hosting lists **on the etree domain** which list 
> unmentionables.  Certainly there's a way to put on your db.etree.org  list 
> a link that says 'see the rest of my list by clicking here,' and hosting 
> that list elsewhere.  The difference is that etree can't keep you from 
> doing that on another server, but can (and I believe should) refuse to host 
> lists *on its own domain* which offer opportunities to conspire to violate 
> any law.  

Again, very well put.  

Rule number one in the law:  People who have power 
based upon rights in property can and will f**k you.

Corrolary To Rule One:  In the process of f-ing, the 
reach of power will cut wider than you might think and it 
will only yawn at 'cute' arguments.

Remember all the warez sites just a few years ago?  
Remember their cute disclaimers?  Don't see too many 
any more.

And (as has been mentioned) the equally 'cute' napster 
position.

So I hope we give up on ineffective legal arguments and 
get rid of *all* association of our lists and web servers 
with non-taper-friendly music.  Period.

As for people who mention the unmentionables, we 
should immediately remove them.  Newbies have a duty 
to read.  I did.  It was all very clear and didn't require 
much thought. 

Thank you...for letting me say my piece.

Coop
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