On Feb 7, 2005, at 11:30 AM, Eric Kjeldergaard wrote:
EK> Let us make an analogue betwixt our Valerie and one who submits to the
EK> local newspaper. There is a roughly equal level of consent given in
EK> both cases ...
Not so, on two points: (1) the newspaper is obviously available to anyone (it's on the newsstands), and not only to a selected group, and
Not always so, I know of many newspapers that go to subscribers only (which local libraries are often among). This is especially true of places without newstands.
Given that the it is rather common sense that the Internet has a long memory about things, and that this is a mailing list going out to any wazoo who subscribes, and that there are archives that are known to exist by anyone who bothers to take a few moments to look at what they're getting into by posting, and that people have been quoted and quoted and quoted so many times from the previous posts that it would be nearly impossible to purge a person's entire transcript from each and every message out there in which it's been quoted short of an EM burst that would wipe out every computers' hard drive on the planet, as well as the difficulty in getting copyright agreements to stick equally to me, you, and Ichabod in the country of Elbonia, wouldn't it make sense just to say, "If you don't want it known to everyone, encrypt it...if you want people's help, post it in cleartext, and risk it forever quoting the fact that you were at some point ignorant of a subject and asking for help"?
I mean, how many people have even touched on the subject of "copyright infringment" by the fact that I am quoting two other people in this message, and this is something done CONSTANTLY with hundreds of thousands of messages out there? You give consent by letting your words fly out there. You sent it, I got it, don't want me to read it, shoulda' encrypted it or not sent it at all.
c'mon...sending to a mailing list where there are little if any safeguards to restrict access kinda' should imply that you're giving consent for others to get the messages and may reproduce it. Hell, if anything, it's a safeguard. I've seen some people on Usenet that have used the Google cache to point out where someone twisted or altered quoting of their original messages so the fact that it's archived and mirrored *helped* them prove they said what they claimed.
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