On 12 Jul 2005 at 18:06, Darcy James Argue wrote:

> On 12 Jul 2005, at 5:09 PM, Dennis Bathory-Kitsz wrote:
> 
> > At 04:54 PM 7/12/05 -0400, David W. Fenton wrote:
> >> That was *not* the case until this third party (completely
> >> unrelated to anyone involved with the list) became involved.
> >
> > And, if anyone cares, I just heard from a Sibelius person (with
> > company ties) who's been reading the list at mail-archive.com. Nice
> > person, but thought we'd like to know that the list wasn't private.
> >
> > Cool, huh? Everybody makin' money off our ideas but us.
> 
> Oh please.  Sibelius employees have been monitoring this list for
> years.  They can subscribe, same as anyone else.  It seems obvious to
> me that the list isn't "private" -- anyone can join.

I never advocated the "private" moniker, but there are degrees of 
"public." Confusing the public nature of a mailing list with "public 
domain" for the content posted on that list is, I think, a severe 
mistake, but that's what those who seem to be advocating the "it's 
not a private forum" argument seem to me to be doing.

As to Sibelius "makin' money off our ideas," they didn't do it by 
republishing our actual content. 

Last I heard, ideas can't be copyrighted, but the expression of them 
in fixed form *can* be copyrighted, and, in fact, *is* copyrighted by 
default (if I'm remembering correctly, "copyright by default" was one 
of the parts of the Berne Conventions of ?1978, and by the US signing 
up for them (perhaps that was what happened in 1978?), it constituted 
a change in US copyright law).

If Sibelius were systematically republishing Finale list posts, I'd 
be just as opposed to that as I am to these archives that are doing 
it.

-- 
David W. Fenton                        http://www.bway.net/~dfenton
David Fenton Associates                http://www.bway.net/~dfassoc
All non-quoted content (c) David W. Fenton, all rights reserved

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