Re: Web Archive of Mailing List

Alfonso C. Fuller, Jr. (alfuller@cpcug.org)
Tue, 11 Jun 1996 12:25:20 -0400 (EDT) 

Date: Tue, 11 Jun 1996 12:25:20 -0400 (EDT)
Message-Id: <199606111625.MAA09380@foyer.homecom.com>
From: "Alfonso C. Fuller, Jr." <alfuller@cpcug.org>
Subject: Re: Web Archive of Mailing List

Peter:

  It seems to me that we may be focusing on the wrong part of copyright law,
which says that the author has the copyright whenever a new writing is fixed
in a tangible medium [such as the hard drive of your computer].  Therefore,
you automatically have copyright in your e-mail.  [Even without a copyright
'notice'.]

  The question, then, is not whether you have the rights, but whether you
are also simultaenously giving up those rights if you don't do something to
preserve them when you send e-mail to a forum which is likley to lead to
uncontrolled re-publication of the work.

  I hate to be the one to suggest more rules, but perhaps list moderators
should be getting permissions if archiving is desired.  Obviously, blanket
permissions would [will?] be easier to administer, but I wonder what effect
it would have on the process.....  Al Fuller.

[Snip.....]

>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.
>
>_______________________________________________________________________
>This e-mail communication is not intended as and should not be interpreted
>as legal advice or a legal opinion.  The transmission of this e-mail
>communication does not create an attorney-client relationship between the
>sender and you.  Do not act or rely upon the information in this
>communication without seeking the advice of an attorney.
>
>Peter Krakaur      Internet Legal Services          ils@legalethics.com
><http://www.legalethics.com/>  <http://www.legalethics.com/pa/main.html>
>
>
>
>
>_______________________________________________________________
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>Full Service Web Design For	   ||	Providence, RI 02903  
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>

Alfonso C. Fuller, Jr.            alfuller@cpcug.org

Attorney at Law                   Exploring Technology Law of all sorts
1400 16th St. NW, Ste 400  
Washington, DC 20036		  [Speaking for myself, not the firm.]
202.789.1212                      [Nothing said is intented to be legal advice]

"I have already told you more than I know..."



_______________________________________________________________
College Hill Internet Consultants   ||	382 Benefit St. Suite 3
Full Service Web Design For	   ||	Providence, RI 02903  
Legal & Business Professionals	  ||	VOICE: (401) 454-3553
E-Mail: home@collegehill.com  	 ||||	FAX: (401)-454-1925	
WWW: http://www.collegehill.com |||||||