Mark Rauterkus suggested:
MR> Ask the publisher to post all their articles to the list -- and give
MR> them a chance to put a tag line of advertisement along with their
MR> article. This way you get in bed with copyright holders.
Typically, list members post copyrighted from a number of sources.
Asking the whole range of publishers who publish on the web to post
their articles with advertising on your list is unrealistic.
IANAL, but if the list is unmoderated all you are doing is providing a
free-speech forum. You are not acting as an editor, and thus you are
protected from liability. Only the person posting -- the copyright
violator -- is liable.
AFAIK, this is untested in regard to mailing lists. There have been
cases against the online providers and their chat rooms which may have
some relevance.
Also, just because they might not win doesn't mean a copyright holder
can't initiate legal action against you. Defending yourself in a civil
action can be expensive. Furthermore, copyright laws in the U.S. are
criminally actionable, i.e. you can be arrested if a prosecutor wants
to make an issue of it. It may indeed be prudent to take the chicken
route and remove posting privileges from repeat offenders.
Like I wrote before, IANAL, so the above is my personal, non-
professional opinion only. Consult a real attorney with malpractice
insurance for the real scoop.
Richard Masoner
Champaign Illinois USA
