On Mar 10, 2011, at 9:01 PM, Chris Murphy wrote: > > 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.
in the RFCs context matters 100%. They often say that some edge case is out of their purview. Your using the word "author" in a copyright legal sense. The RFC is probably not using the word "author" in that sense. It is not talking about copyright after all. In terms of the RFC, the mail list software most certainly could be considered the author. Note we are not talking the copyright holder, but the entity that is responsible for the transmitting of the email to the recipients. _______________________________________________ MacOSX-admin mailing list [email protected] http://www.omnigroup.com/mailman/listinfo/macosx-admin
