At 06:58 PM 9/30/2009, Jed Rothwell wrote:
1. Upload your papers to your own damn web site.
2. Give me explicit, public permission to copy them.
If I see you have erased them from your site I will erase them from
LENR-CANR faster than you can say knife, so don't try that cute
little trick either. Anyway, it'll never happen. You will never
publish anything on line, and now everyone knows why. Game over for
you. You'll have to find some other way to intimidate people.
Jed, I imagine you would know this, but I'll repeat it. According to
my understanding, if you are not profiting from publication, and you
have reasonable evidence of permission, the most that a copyright
holder could do is to demand that you take the material down. NET
appears to host some material under a claim of fair use, which, while
it is shaky, NET is nonprofit and, again, if their use is excessive,
outside of what is considered "fair use," the risk to them is only
that they may be requested to remove the documents. I would say that
explicit permission from Dr. Swartz, whether given in public or
privately, but in a way that you can verify that it came from him,
would allow you to host the materials in complete safety, no matter
what he subsequently did, unless he notifies you that he is
withdrawing permission.
He sent you registered mail? I can understand why that might put you
off your feed. Most people would take that as threatening unless
there was a check in it. I could tell a story ....