From: whs70@dancer.uucp (22501-sohl)
Subject: Re: Copyright Summary (was: NetNews/CD - USENET News Available)
Reply-To: whs70@dancer.UUCP ()
Organization: Bellcore, Livingston, NJ
Date: Wed, 29 Jul 92 18:48:05 GMT

In article <1992Jul29.162202.1845@wolves.uucp> news@wolves.durham.nc.us writes:
>	Now, there is an implied situation on the net... that the system
>owners/admins have placed access to some resources on their machines at
>the disposal of the net users for purposes of publishing their material.
>(It may not be technically "publishing", but it describes what is being
>done adequately.)
>
>	This model, most recently championed by Brad Templeton and
>Mathew@mantis is a very convenient one.  The sites retain local control
>of what appears on their machines, and yet, the poster remains the party
>responsible for the placing of copies of the articles all over the
>world.
>
>	I, and I suspect most other posters, place articles on the net
>with an desire for other persons to read and consider the words and
>statements of that article.  I want folks to read the article.  I use
>the resources lent to be by the machines' owners to place and give
>copies of the article to the other readers of the net.  I do NOT give
>them an assignment of copyright rights.  I would have to expressly do so
>if that was my intent.
>
>	They do, however, come into the possession of a copy of the
>article that I have placed into their data stream.  They have certain
>privledges in regards to that copy that was given to them, but they are
>also restricted in certain way in their use of that copy.
>
>	They can quote from that article in making resonses to the
>statements made therein.  They can make an archival copy of that article
>for their personal use.  They can give their copy (in toto!) to someone
>else (not retaining a copy for themselves.) 

Giving away (forwarding to friend, etc) yet still retaining a copy for
yourself happens all the time and while a technical violation
is in my opinion a totally unenforceable aspect.  I seriously doubt that
there is ever likely to be a finding of copyright violation for a single
reproduction situation.  Copyright violation suits are filled because
the holder of the copyright sees a significant lose of expected
revenue because of the violation.  It would be interesting to see
if there's any cases that have happened in the past involving only
a single "illegal" copy being made of a generally bland/normal
document (as opposed to a famous painting, etc.)

Yes, that doesn't mean it's legal, just the practical and pragmatic
aspects of such a situation wouldn't warrant pursuit of the violator
or (I suspect) the time of the courts.

> They can place the copy in
>their possession on the wall of their office or workspace for persons
>passing by to look at.  They can use the *ideas* in the article in some
>fashion, as long as they don't infringe on my particular expression of
>the ideas.
>
>	They *may* also have other privledges.  They *may* have a
>privledge to compile a program contained in the article on their
>computer for their own use.
>
>	They can NOT claim the article or its contents as their own
>work.  They can not "republish" the article without permission.  They
>can not create a "derivative" work based wholely on the article.  They
>can not claim that the article is in the "public domain".

Given all of the above, what or how do you (or anyone else)
therefore see any of the automated aspects of the network as
being in violation or contributing to the violation of a copyrighted
posting?  If you choose to answer this, perhaps you can make specific
reference to some of the questioned aspects raised in the past:
  1. CD-Rom distribution
  2. Pay for access to netnews, etc.

Standard Disclaimer- Any opinions, etc. are mine and NOT my employer's.
------------------------------------------------------------------------
Bill Sohl (K2UNK) BELLCORE (Bell Communications Research, Inc.)
Morristown, NJ             email via UUCP      bcr!dancer!whs70
201-829-2879 Weekdays      email via Internet  whs70@dancer.cc.bellcore.com