On Monday, March 10, 2003, at 08:43 AM, Steve Elzinga wrote:
> An honest question, how does this
> affect quoting other peoples words in a reply on the
> same list? It would seem that it would also violate
> their copyright, unless there is some type of implied
> consent by posting to a list.
This is one of those wonderful ways that computer communications, in
particular the customs, habits and methods thereof, and the law don't
literally agree. Yes, quoting someone's letter, as I am doing above,
is probably a violation of your copyright under the law as written
today (at least as far as I am aware of it.) However. :-), if you,
purely for the sake of argument, were to sue me for this use under the
copyright law, I rather suspect that the courts, either through a jury
or a summary judgment, would review the custom as it has arisen, note
the ubiquity of the style in on-line communications and rule that it
was not actionable unless certain standards were met; probably
including, but not limited to misappropriation, defamation and who
knows what else.
While it doesn't meet any of the Fair Use standards that I have read
(in this case, even though I'm trimming somewhat, I am still quoting a
greater percentage than Fair Use usually allows), in the end it would
probably be recognized as an example of Fair Use, as long as the
quoting was for the purpose of maintaining the thread of the discussion
(which would seem to require that the thread be posted back where the
person quoted could see it.)
At least that's what I'd hope. In fact neither the Supremes nor the
lower courts have asked my opinion. ;-)
> Another question would
> be how about when people cross post a quoted section
> to other lists? I have seen where people have replied
> to team.net and the Evolution list for example.
> Thanks.
> Steve Elzinga
Trickier, but still much the same. There is, so far as I have
observed, no custom in mailing lists or newsgroups that requires or
suggests a requirement that the original poster even be kept in the
loop. There may be a limit to how far you can probably use someone
else's words in a message outside a given forum, but that is a very
broad line that very slowly fades from black to white. I have no idea
were the limits would be. If I wanted to write a thesis for an
advanced law degree, it might make for a good one to examine the
question. I don't have *that* much time on my hands. :-)
Now, if someone can clue me in on how to steer this back onto topic...
:-)
Perhaps something about quoting shop manuals for protests? Or making
copies of the manufacturers CDs for that purpose...
David
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