Copyright (was: Re: Subject: Midrange List Guidelines)

Well, NATHAN,

In a message dated 9/1/00 4:11:55 PM Eastern Daylight Time, 
nathanma@haaga.com writes:

> Just out of curiosity, what is the list owner's basis of a copyright claim?
>  The US Constitution and Title 17 of the United States Code provide
>  copyrights exclusively to original authors.  Since the list is merely a
>  compilation of the works of original authors, and lacks any creative
>  expression of its own, how can the list owner claim any rights?

1.  The authors convey such authority by posting to the list in the first 
place.
2.  The list owner protects that conveyance by refusing to provide either 
membership or postings to third parties.
3.  I disagree that this list is "merely a compilation of the works of 
original authors, and lacks any expression of its own".  The list itself 
stimulates conversation and ideas, thus those "original authors" would never 
write in the first place without the existence of the list.
4.  Firepower.  There have been a _few_ occasions over the years wherein 
various entities have attempted to take advantage of what appeared to be 
loopholes in the list guidelines, although against the "spirit" of those 
guidelines.  Said entities have been hardily rebuked by the list membership 
with no encouragement from the list owner to the point where they either 
apologized or faded into obscurity.  The US is _NOT_ the only superpower left 
on the planet.  Don't mess with "the list"...
5.  Finally, in my nearly six years of membership, nobody has had the 
audacity to try and quote "the US Constitution" and "Title XVII" in relation 
to it.  Beware item 4...

JMHO,

Dean Asmussen
Enterprise Systems Consulting, Inc.
Fuquay-Varina, NC  USA
E-mail:  DAsmussen@aol.com

"If you're arguing with your 14 year old over how she's raising her children, 
you shouldn't be allowed to vote." -- Anonymous
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