Pleading the 5th
Jim Choate
ravage at einstein.ssz.com
Thu Apr 12 15:49:51 PDT 2001
On Thu, 12 Apr 2001, Declan McCullagh wrote:
> Choate has given an implied consent for his posts to be redistributed
> in certain ways.
How? Saying it over and over like a Buddhist mantra won't make it so.
> Much as Usenet participants do.
A privately run mailing list is not equivalent to USENET where there is no
subcription or other 'access' process. The same can't be said about a
mailing list where one must 'subscribe' using a valid email address for
receipt. Access to USENET does not require any special action on the part
of the reader or poster.
> He has probably not given consent for all of his posts to be combined and
> sold by Wired as a book (of course this is just a hypothetical, nobody would
> buy it).
No, I haven't. In fact nobody on this list has, implied or otherwise.
> Choate, however, would have a very weak case if I was to reproduce
> one of his posts in a Wired article. Copyright law, as the lawyers
> can attest, includes many factors a court would weigh, and he'd
> almost certainly lose.
Actually under current law, if the article included more than about 200
lines of my posts then I'd have a very strong case.
____________________________________________________________________
The ultimate authority...resides in the people alone.
James Madison
The Armadillo Group ,::////;::-. James Choate
Austin, Tx /:'///// ``::>/|/ ravage at ssz.com
www.ssz.com .', |||| `/( e\ 512-451-7087
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