> 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.
>
not only that, but many publishers have signed contracts which require that
the articles ONLY be published on a particular site. They could be sued for
breach of contract for allowing it to be published elsewhere.
>
> 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.
>
AFAIK, I agree.
> 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.
>
There also may be an issue of removing offending articles from your archive
(if you have one).
> 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.
>
amen
> Richard Masoner
> Champaign Illinois USA
>
>
--
J. Philip Miller, Professor, Division of Biostatistics, Box 8067
Washington University School of Medicine, St. Louis MO 63110
[EMAIL PROTECTED] - (314) 362-3617 [362-2693(FAX)]
http://www.biostat.wustl.edu/~phil
