It is highly unlikely you would have any success in suing for copyright
infringement over an archive of a message you sent to a public mailing

As the author of a text, you have certain rights regarding control over
who can make copies, transcribe, etc.

However copyright is not an absolute. There are circumstances in which
someone can copy a text without the permission of the rights holder. At
a glance, the two I can think of off the top of my head are fair
use/fair dealing and implied license.

First, people have a right to use a text under the fair use doctrine.
There is no hard and fast rule over what constitutes fair use, but
making an archival copy for providing access to others seems to fall
within fair use. Google just won a case where they were being sued for
copyright infringement over their archiving of web pages. They are a
commercial company, they were archiving and displaying the entire page,
not just a portion, and they still won on fair use grounds.

Second, if you publish a text on a website, you retain the copyright,
but when a person (in the use of a browser) requests that text and your
web site sends it to them, you are, legally, granting an implied license
to that person to make a copy of the text in order to display it on
their screen (as making a copy is the only way for the browser to
function). Similarly this is public mailing list. When you send a text
to the mailing list, you are implicitly commanding that the text be
copied and distributed to everyone on the list. Those copies are further
copied into individual mailboxes, backup tapes, archives, etc. There is,
along with that command, an implied licence for those copies to be made.
Otherwise, you could send an e-mail to the list and then sue the list
owner for copyright infringement for every copy of your message that was
sent out.

In short, RIAA and MPAA propaganda to the contrary, you as copyright
holder don't have an absolute say over what happens to your text.

All that being said, I'm not making a moral or ethical argument about
this. I agree it might be good to respect the *wishes* of the list
members about where their e-mails are archived, but that's not the same
thing as having a *right* to prevent it.


> -----Original Message-----
> From: 
> at 
> [ at lists.frameuse
>] On Behalf Of Stuart Rogers
> Sent: 26 January 2006 17:43
> To: John Posada
> Cc: Framers List
> Subject: Re: add Framers list to
> John Posada wrote:
> >I could get an email from
> > someone at your company asking for more information.
> > 
> > If that happens, I WILL be contacting your legal department on 
> > copyright infringement and I HAVE retained the posts on 
> this thread as 
> > proof that I don't approve of my posts being used.
> > 
> > Of course, you could sneak around the wishes that anyone 
> else may have 
> > by remembering to just not use my post but ignore the 
> wishes of anyone 
> > else, whether they've participated in thread or not.
> > 
> > I don't think anyone else who practices copyright violation 
> and gets 
> > caught expected to get caught either.
> John,
> If you are of such strong opinion that simply publishing a 
> URL (which is nothing more than an address) constitutes 
> copyright violation, why did you ask us all to do it for you? 
> ( ) Do you also plan to threaten 
> legal action against Google, Yahoo, and all the other search 
> engines that publish links to your postings in response to 
> keyword searches?
> Or have you just missed Jakob's point altogether, that he is 
> not reproducing a single word of your copyright-protected 
> public postings but is simply telling others that they exist 
> and pointing to their location?
> I do not understand your reaction.
> --
> Stuart Rogers
> Technical Communicator
> Phoenix Geophysics Limited
> Toronto, ON, Canada
> +1 (416) 491-7340 x 325
> srogers at phoenix-geophysics dot com
> "Please reinstall the application you want to remove."
> --Microsoft Windows 'unInstall Specialist'
> Get Firefox!
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