At 01:37 PM 7/12/05 -0400, Neal Schermerhorn wrote:
>I agree that this is silly. When you send an email to this list you are
>going to sometimes have an email forwarded to an offlist member. You are
>going to be quoted with attribution in other emails, perhaps to other lists.
>It's part of the expected actions to be taken with an email, and these are
>not illegal as far as I'm aware.

Proportional incidental quoting is perfectly legal (Limitations on
exclusive rights: Fair use, Section 107). Acquisition/distribution of
complete writings is not.

>While the argument exists that since your post is © 2005 you, one must also
>consider the value of the post. If someone wants to read your post all they
>need to do is join the list and they can. Therefore, there is no undue harm
>caused by someone archiving their received emails elsewhere, even if
>publically accessible.

"While the argument exists that since your [song] [score] [drawing]
[website] [program] [photo] [essay] is © 2005 you, one must also consider
the value of the [song] [score] [drawing] [website] [program] [photo]
[essay]. If someone wants to read [get] your [song] [score] [drawing]
[website] [program] [photo] [essay] all they need to do is join the list
[go to your website] [use a data aggregator] and they can. Therefore, there
is no undue harm caused by someone archiving their received [song] [score]
[drawing] [website] [program] [photo] [essay] elsewhere, even if publically
accessible."

>Complaining about
>archiving when the X-Header has not been set is kinda like whining about the
>draft when you've left the door open.

That is entirely irrelevant. This is a private list. It's identified as a
private list. Access is restricted for members to read. I want to read and
write to a private list and its archive. What's hard to understand?
Furthermore, even if the list were not private, I would still expect only
the official list archive to present this information. Even newsgroups,
where redistribution is in the nature of the medium, do not weaken the
author's IP rights.

Remember: *No action on anyone's part* is necessary to reserve rights to
their creative work.

>If there was some proprietary information or secrets or artistic worth or 
>such here, ok. But it's an email list. If someone thinks so highly of the
>information we freely exchange here that they want to draw attention to it,
>that's a compliment.

Sure, just like when they think so highly of your [song] [score] [drawing]
[website] [program] [photo] [essay] that they harvest it for their own
profit and distribute it over P2P networks.

I'm not suggesting anything abnormal or 'nuts' here. I was not notified
that my work was going to be taken and redistributed by a third party, nor
were you. At what point does this taking become unacceptable? Neal, you've
made some great postings over the years in several lists. Would you be so
cavalier if I took all your material, reworked it, and issued it as a book
or ad-revenue website? With full credit, of course, but no money for or
control by you?

Dennis


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