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

["jt" <jt@xxxxxx>]

Dean,

I thought David had asked Nathan to discuss this off-list.  If you want, I
can reply to your comments either here or to you personally.

I agree with points 2 and 5, but I believe you are not correct on the rest.
JMHO.

jt

(BTW once again, you've come up with a great trailer quote. <g>)


-----Original Message-----
From: owner-midrange-l@midrange.com
[mailto:owner-midrange-l@midrange.com]On Behalf Of DAsmussen@aol.com
Sent: Thursday, September 07, 2000 3:24 AM
To: MIDRANGE-L@midrange.com
Subject: 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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