>could you elaborate breifly on what "fair use" might be?


Fair use as it relates to the internet is a contested and murky area at the
moment. You can't just take rules that apply to the classroom or in
providing materials to another individual, such as the immediacy rule, and
assume the same goes when you are broadcasting to a list and also when the
list is archived. Publishers are making strong statements these days against
these practices and are likely to take action. What anyone does depends on
that person's comfort level. Part of the problem with fair use and a list is
that a subscriber's comfort level may be different than the listowner who
may be the focal point of a publisher's cease letter or of a lawsuit.

This said, I certainly do doubt that the NYT or WSJ is losing any sales
because of any article posted to this list or any other list. But in a lot
of ways that's beside the point in terms of what could get the list into
trouble and how members of the list should conduct themselves.

I think a fair guideline would be not sending whole articles to the list.
Rather, pertinent parts can be quoted within a message discussing the
issues. Many news articles are written in a very repetitive style in any
case, so an excerpt may be sufficient.

As someone who is a publisher and is on this list, perhaps Doug Henwood
would like to discuss his perspectives. I notice he doesn't just put the LBO
or his books on the list and distribute them for free. There may be some
level at which he is happy to let people distribute parts electronically.
What is that level and why?

Ellen Dannin
[EMAIL PROTECTED]




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