Re: [tlug] Mailing list web archives..... Is this leagal ?

[Attila Kinali <attila@example.com>]

On Wed, 17 Mar 2010 18:04:33 -0300
"Joshua B." <juggins@example.com> wrote:

> On Mon, Mar 15, 2010 at 10:38 AM, Stephen J. Turnbull
> <stephen@example.com> wrote:
> > Attila Kinali writes:
> >  > Or to put it into a non-virtual example: if you collect old news
> >  > papers and make your archive open to anyone who happends to be
> >  > there, then there is nothing the newspaper can do about it.
> >  > Though, you are not allowed to make copies of the newspapers and
> >  > distribute then, your "users" are allowed to take your newspapers
> >  > to the next copy machine and make copies for themselves.
> 
> You might still run affoul of laws in various parts of the world that
> prohibit "aiding and abetting copyright infringement" (google:pirate
> bay)

Yes, unfortunately. Copyright law these days is ment to maximize
profit for big companies. While the average, low income author
is pretty much on his own. It even goes so far, that in germany
you have to pay GEMA[1] fees if you publish your _own_ pieces
on your webpage.

> 
> > Sure.  But re-posting something on the web requires that you make
> > copies for your users and send the copies to them.  In the
> > U.S. copyright law definitely applies.  In particular, it would
> > certainly be possible for an author to insist that his posts be
> > archived only on the original site.  (On my lists I'd fix that by
> > banning the author. ;-)
> 
> A lawyer would say just add this to the terms of your click-though
> terms of service agreement when people sign up to the mailing list.
> "Every email sent to this list is released to the public domain or is
> available under a suitable Creative Commons Licence" type thingie.

Depending on the juristiction you are in, click trough licenses
are not legaly binding.

			Attila Kinali


[1] http://en.wikipedia.org/wiki/Gesellschaft_f%C3%BCr_musikalische_Auff%C3%BChrungs-_und_mechanische_Vervielf%C3%A4ltigungsrechte
-- 
The trouble with you, Shev, is you don't say anything until you've saved
up a whole truckload of damned heavy brick arguments and then you dump
them all out and never look at the bleeding body mangled beneath the heap
		-- Tirin, The Dispossessed, U. Le Guin