On Tue, May 08, 2001 at 05:32:34PM -0400, James Miller wrote:
> Sam,
>
> What's your support for this again? Publication establishes protectability.
Right. But my point was in response to a claim about yelling in
Trafalgar Square, which is public performance, and not publication.
>
> The He
> One thing we need to consider is litigating an international claim is
> going to be a pragmatic headache for anyone without deep pockets. We
> need to leverage the national treatment principles to keep litigations
> close to home and in the most convenient forum. Authors should include
> a
> You are displeased with the current terms of the lists; that is unfortunate.
>
> There may be no harm in making some of the terms of the mailing list
> explicit in the subscription agreement, however. I suggest it include
> an explicit license to use, copy, adapt or otherwise cause the
> sub
Sam,
Ah... it's nice to have exams overwith... what an intersting few days of
discussion...
I have to disagree. I've written on the subject this semester and I think
there are some practical things that would be relatively easy and useful.
One thing we need to consider is litigating an inte
On Tue, 8 May 2001, Sergio Brandano wrote:
> Let all try to be patient and work out the problem.
Indeed. In fact, I believe the problem is worked out - there is no
problem, nothing needs to be done. However, we are enjoying the patient
discussion of somewhat esoteric and theoretical topics.
Sam,
What's your support for this again? Publication establishes protectability.
The Hemmingway estate case essentially holds against your proposition. The
court held that if Hemmingway had "set off" his comments in some way in talking
to a biographer--maybe air quotes or something..--then h
Hi,
On Tue, May 08, 2001 at 09:08:05PM +0100, Sergio Brandano wrote:
>
> There is a difference between a mailing-list and a news-group;
> a world difference, quite literally.
>
> When posting to a news-group, you make a copy of a "file" into your
> local news-server, which then mirrors t
[EMAIL PROTECTED] Sergio --
There is a difference between a mailing-list and a news-group;
a world difference, quite literally.
...
When posting to a mailing-list, you send your "mail" to a restricted
number of persons, namely all and only those persons who are
subscribed at that very mome
On Tue, May 08, 2001 at 09:08:05PM +0100, Sergio Brandano wrote:
>
> one, it would not be legally valid, as Debian is not a publisher in
> the first place. If Debian is a publisher, could you please point me
> at the legal document that can prove it? If there is a legal
> agreement between
On Tue, May 08, 2001 at 09:03:01PM +0100, Mo McKinlay wrote:
> Apologies if this sounded like a bit of a rant, but I know that if I stand
> in the middle of Trafalgar Square and shout, I've got little right to
> request whoever tape-records or transcribes what I'm shouting doesn't
> publish it.
No
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Friday, Sergio Brandano ([EMAIL PROTECTED]) wrote:
> We are talking about written words, carrying the name of the author.
> These written words are being archived, indexed and re-published.
> The legal owner of copyrighted material (as any
I am first replying to Antony, than to Bernhard.
From Antony:
> You just don't get it, do you? Just about all the mailing lists
> newsgroups on the Internet are archived, and such archives are often
> publicly accessible through the Internet. That is the way it works!
> That is what a maili
I think the analysis would go, I posted my work, you made adapatation or
"copying" into your work of it, the elements incorporated need to be
redacted out of your now infringing work--short some right to use them.
I haven't looked at rights of derivative authors after the original
authors term
On Tue, May 08, 2001 at 01:39:49AM -0400, James Miller wrote:
>
> --- Eric Sherrill <[EMAIL PROTECTED]> wrote:
> > Yes, but in the _Salinger_ case, these were
> > unpublished letters that
> > Salinger wished to prevent from being published.
> > Usenet posts and public
> > mailing list posts a
On Tue, May 08, 2001 at 02:17:11AM -0400, James Miller wrote:
> One thing that concerns me about both the GPL and Open Source licenses
> in general is that there's undue focus on their treatment under U.S.
> law. We need to consider hte international implications carefully as
> well, particular
On Tue, May 08, 2001 at 01:54:09AM -0400, James Miller wrote:
> Martin Luther King Jr.' s estate brought a successful claim of
> infringment for his "I have a dream speech" on the basis that it was
> "unpublished" within the meaning of hte statute.
I think you've got it wrong. According to Proje
Here here!
Substantively, though I can't see this construed as unsolicited goods in
either jurisdiction. There's a subscription request required to post.
Paul Martin <[EMAIL PROTECTED]>---
On Sat, May 05, 2001 at 12:31:54PM +0100, Sergio Brandano wrote:
> By law, there must be a legal agr
Well, at least in the common-law jurisdictions the contractural waivers
will get significant weight. I think we can craft a narrow moral rights
exclaimer as well--blanket waivers can be problematic however. If the
author seeks to revoke their consent you get into the non-exclusive
rights anal
But there are cases where a transferee is deemed to have a non-exclusive
license for some sec. 106 purposes. See Effects Associates.
In any event do we agree that a disclaimer is a good idea to prevent any
ambigutiies in the future? Shall we send the disclaimer to debian list
members informi
I don't disagree but I think there should be a disclaimer when the major-domo
requests are processed that requires assent to redistribution.
Alot of this stuff seems esoteric until you get sued... ;< I mean
frankly copyright law hasn't been much of an issue except to libraries and
musicians unt
Martin Luther King Jr.' s estate brought a successful claim of
infringment for his "I have a dream speech" on the basis that it was
"unpublished" within the meaning of hte statute.
I wonder if the string of cases for defamation/tort for Email's (seems
like AOL was implicated in one suit) don'
--- Eric Sherrill <[EMAIL PROTECTED]> wrote:
> Yes, but in the _Salinger_ case, these were
> unpublished letters that
> Salinger wished to prevent from being published.
> Usenet posts and public
> mailing list posts are the very definition of
> published, widely disseminated
> works. Thus I would
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