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Re: Copyrights

To: National Autocross Mailing List <autox@autox.team.net>
Subject: Re: Copyrights
From: "David W. James" <vnend@adelphia.net>
Date: Mon, 10 Mar 2003 14:49:03 -0500
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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