Re: IP, forwarded posts, and copyright infringement

2001-01-12 Thread Tom

 a friend of mine was an officer in the german army until very recently
 (he decided to get a real job :) ) - give me 24 hours and I'll tell you
 exactly what the past and current standard issue weapons are and what
 kind of ammo they fire.

current weapon (after the G3) is the G36, obviously an advanced G3
version. I didn't have much time to chat about the subject today, so if
anyone wants to know ammo types, more details, whatever - ask and I'll
find out.


-- 
-- http://www.lemuria.org
-- http://www.Nexus-Project.net
--



- End forwarded message -

-- 
-- http://www.lemuria.org
-- http://www.Nexus-Project.net
--




Re: CDR: IP, forwarded posts, and copyright infringement

2001-01-11 Thread Bill Stewart

At 11:36 AM 1/10/01 -0600, Jim Choate replied to Declan's   post:
  (Hint: U.S. copyright law does not make mere possession or archiving
  an offense. Try distribution, performance, etc.)

Hint: WRONG.

Simply possessing a paperback book that has had its cover removed as a
sign of 'destroyed' status is in fact a crime. Used book stores that have
them in stock can be charged accordingly.

At 12:54 PM 1/10/01 -0500, Declan McCullagh wrote:
Anyway, Jim is conflating physical control over an instantiation of IP with 
the rights conferred by IP law. If someone copies Microsoft Word (or a Tom 
Clancy novel) onto a CDROM and gives it to me, I am not liable.

The paperback book example has nothing to do with intellectual property -
it's about real property, the dead-tree portion of the book that's left
when the bookstore mails the front cover back to the distributor 
for credit and claims the rest of the book has been destroyed.
Somebody, I think Jim, incorrectly said this was an issue about royalties,
which would be IP-related, but it's not - royalties are what the 
publisher pays the author when the book gets sold, while this is about
what the bookstore does or doesn't pay the wholesaler when the book
does or doesn't get sold.  (I'm not sure which legal rules cover it -
fraud, tort, conversion, maybe theft by the store, so possibly
possession of stolen property by the purchaser or other recipient.)

However, that doesn't mean Declan's correct :-)
Before the Digital Millenium Copyright Act, he probably would have been,
but the DMCA is a vague ill-defined mess of evil intentions that
are increasingly being expanded (or at least people are attempting to
expand them; how much holds up in court remains to be seen.)
The DeCSS cases are a relatively direct use.  The Scientology claims
against E-Bay for using electronic tools (their auction system) to
violate their intellectual property constraints (by helping
ex-Scientologists sell used E-Meters to people who haven't paid
the Church of Scientology for their trade secret religious materials)
is a way blatant stretch, but seem to have been enough to intimidate E-Bay.
Thanks! 
Bill
Bill Stewart, [EMAIL PROTECTED]
PGP Fingerprint D454 E202 CBC8 40BF  3C85 B884 0ABE 4639




Re: IP, forwarded posts, and copyright infringement

2001-01-10 Thread Tim May

At 12:54 PM -0500 1/10/01, Declan McCullagh wrote:
[Jim sent me the below message directly without any indication that 
it was also sent to the list. But from past experience, I know 
better. Another example of not-quite-adequate Choatian social norms.]

Anyway, Jim is conflating physical control over an instantiation of 
IP with the rights conferred by IP law. If someone copies Microsoft 
Word (or a Tom Clancy novel) onto a CDROM and gives it to me, I am 
not liable.

-Declan


At 11:36 AM 1/10/01 -0600, Jim Choate wrote:
   (Hint: U.S. copyright law does not make mere possession or archiving
  an offense. Try distribution, performance, etc.)

Hint: WRONG.

Simply possessing a paperback book that has had its cover removed as a
sign of 'destroyed' status is in fact a crime. Used book stores that have
them in stock can be charged accordingly.

So, if I tear the cover off of a paperback book that I legally own 
(bought, for example), Choate's claim is that this "is in fact a 
crime"?

Gee, so much for scienter. So much for proof of actual criminal 
action. So much for tort law.

Jim, please call the police, as I have just torn the cover off of a 
book I own. Worse, I just cut the tags off of a mattress. Call before 
I commit more crimes.

Fucking retard.


--Tim May
-- 
Timothy C. May [EMAIL PROTECTED]Corralitos, California
Political: Co-founder Cypherpunks/crypto anarchy/Cyphernomicon
Technical: physics/soft errors/Smalltalk/Squeak/agents/games/Go
Personal: b.1951/UCSB/Intel '74-'86/retired/investor/motorcycles/guns