----- Original Message -----
From: "Kevin Waterson"
Subject: Re: Photos and Rights


> On Fri, 8 Feb 2002 15:08:36 -0600
> "Maris V. Lidaka, Sr." <[EMAIL PROTECTED]> wrote:
>
> > I'm not justifying it world wide, only saying that under
U.S. law the thumbnails (and only the thumbnails) are legal.
> >
> > If the law is different in Canada and/or Australia, you and
Rob Studdert certainly have the right to request Lycos to remove
thumbnails of your images from their server and if they refuse
to file suit and obtain a different result.  I agree that if it
is illegal under Canadian law or Australian law then it is
theft.

One of the things the Berne Convention treaty was supposed to do
was homogonize copyright laws throughout the world, providing
the country was signatory to the treaty (both Oz, Canada and the
USA were).
However, if an American judge feels the need to flip a bird at
international law, then it really leaves people in other
countries in the lurch.
Filing suit from one country to another, especially into the
USA, which is the most protectionist country in the world, is so
incredibly futile that it isn't an option unless there is a lot
more at stake than a principal.
Maris, you know this, you are not a stupid person.
Unfortunately, the judge who made the decision inquestion also
knows it, and knows that he can get away with this sort of
flagrant abuse, because the stakes are just not great enough in
this situation to warrant coming after his decision and the
people taking advantage of it.

William Robb
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