On Mar 10, 2011, at 8:51 PM, objectwerks inc wrote:
> It could easily be argued that the listserve becomes the author when it sends 
> out the mail.

Absolutely it can be easily argued and you'd easily be shot down as 100% wrong. 
That is not at all how copyright law works. Every single person on this list is 
the copyright owner. You never give that up. Once you write it, it is yours. 
You can grant licenses to the work for republishing. But it does not make 
someone else the author.

>  It is not just a forwarding service, but is taking original content, perhaps 
> changing formatting, stripping out attachments, making a digest, etc and then 
> making a new post.

It is not considered a derivative work. I am unaware of any argument that 
headers are copyrighted material as they are facts, you can't copyright facts. 
If there are IP encumbered components (possible I suppose, I'm not aware of 
any, but that means next to nothing), then those copyrights and or patents are 
reserved to those owners, just because they were married with my body text does 
not mean the two parties have joint copyright.


>  It may pass itself as the new sender or may pass the original sender as the 
> sender, but in the context of the RFC you quoted, the list software could 
> easily be the "author" of the message.

Absolutely not. Impossible. Not at all consistent with either U.S. or 
international copyright laws.

>  The RFC you quoted is not speaking of posts to mail lists, frankly.  That is 
> out of the realm of what it is trying to say.

Context doesn't matter. It very clearly says that the Reply-To suggestion is to 
be made by the author. That could be delegated authority, but not without 
permission from the author.

Chris Murphy_______________________________________________
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