Re: Web Archive of Mailing List
Peter Krakau (ils@legalethics.com)
Tue, 11 Jun 1996 01:20:47 -0400 (EDT)
Date: Tue, 11 Jun 1996 01:20:47 -0400 (EDT)
Message-Id: <199606110520.BAA07045@foyer.homecom.com>
From: Peter Krakaur<ils@legalethics.com>
Subject: Re: Web Archive of Mailing List
At 11:37 AM 6/9/96, Daniel M. Press wrote:
* >> But when you send a message to a list that is freely open to the
public, then
* you have sent a message into a forum that is most certainly public. And
* public messages are not entitled to any sort of expectation of privacy if
* you freely put the message into the public forum.<<
*
* I have no objection to an archive and I don't disagree about expectations of
* privacy. But the issue is one of copyright. You can't make a copy without
* consent of the copyright owner (author), and the submitter's consent
could not
* be reasonably construed to extend beyond posting to the list itself.
There is
* at this time no consent to posting to the web or even, possibly, to any
form of
* permanent storage. However, if notice were sent to all participants and
* included in the initial list details so that everyone knew that the list was
* archived and was able to stop submitting to the list, it would be OK. But
* archiving at this time violates copyright law.
*
Not sure I agree with you on the notion that every e-mail messsage to this
(or any other list) has copyright protections. If you think there are
protections in certain messages, perhaps you might want to look at SIFT,
The Legal Domain Network, or other searchable archives of e-mail and usenet
that is available on the Web. Some pretty big players are out there
"violating" "copyrights" every day.
If one wanted to protect a "copyright" in an e-mail message to a list
service, one might want to put a copyright notice in the message to alert
the moderator and others of the claim. Of course, if I were the list
owner, it is likely I'd screen that message out to make it clear that the
participants had no claim to the list ot its archives.
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Peter Krakaur Internet Legal Services ils@legalethics.com
<http://www.legalethics.com/> <http://www.legalethics.com/pa/main.html>
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