Text 6643, 94 rader
Skriven 2005-03-10 10:31:00 av Michiel van der Vlist (2:280/5555)
   Kommentar till text 6574 av SHANNON TALLEY (1:275/311)
Ärende: You are violating my copyright
======================================
Hello SHANNON,

09 Mar 2005 13:56, SHANNON TALLEY wrote to MICHIEL VAN DER VLIST:

 >> TL> Perhaps there is an alternative to a Policy Complaint.

 >> Yes, he can remove the offending material or take my offer to negotiate 
 >> for permission.

 ST> If you are going to file a PC, then please do it and quit beating 
 ST> around the bush.

What makes you think I intend to file a PC? 

 ST> I won't negotiate with an extortionist, and I'm willing to 
 ST> take this as far as necessary to keep Fidonews available to
 ST> every Fidonet BBS & Sysop in the world.

It IS available to every FidoNet BBS and sysop in the world.

 ST> If you were to have your way, then everyone who writes an article for 
 ST> any magazine or newspaper would have dissemination control over that 
 ST> magazine or newspaper.

No, he would just have control over who may make copies of his work and
distribute it.

 ST> That won't happen in the Free world Michiel.

That *IS* happening in the free world Shannon.

Apparently it is only in the USA and Canada that they have this Talibanic
notion that when one submits an article for publishing in a magazine one gives
up all rights.

 ST> Your copyright to that article only extends as far as that nobody 
 ST> else, including fidonews, can claim it as their own.

No. 

 ST> That is why the notice was placed in Fidonews; to encourage contributions 
 ST> so the contributors would know that Fidonews would never claim that 
 ST> article as it's own.

Your interpretation is incorrect. 

 ST> Unless a legal entity within your country of residence finds you 
 ST> mentally incompetent of making decisions, your gift to Fidonews was 
 ST> accepted and will remain in that edition of Fidonews forever.

That we will see....

 ST> Your rights to control dissemination were given up by you the instant 
 ST> that article was accepted by the editor.

No.

 ST> Who says so?  A competent attorney licensed to practice law in the United 
 ST> States (specifically the state of Virginia) who will represent me if you 
 ST> can scrounge enough money together for a legal team, come here to the US 
 ST> and attempt to change our laws.

So you have now retracted your defence of "fair use"? 

 ST> Secondly, The editor of Fidonews used both Fidonet and internet 
 ST> technology to distribute / disseminate Fidonet.  How do you think it made 
 ST> it across the ocean?  Landline? -- no -- the Internet using the TCP/IP 
 ST> protocol.

The internal method of transportaion of copies is irrelevant. 

The relevant issue is that by "htmlising" you made an unauthorized copy and
distributed that. Did you inform your lawyer of that POV or did you "forget" to
tell him?

 ST> Lastly, unless Bjorn limits the distribution of Fidonews in a new 
 ST> copyright statement within future editions of the Fidonews itself, then I 
 ST> will continue to make Fidonews available on my Fidonet BBS (FidoTel).

If that is what it takes to get contributor's rights protected in the US and
Canada, then maybe he should do that.

 ST> (Don't these two remind you of "Pinky and the Brain"??)

I don't know what "Pinky and the Brain" is. So no it does not remind me of it.

 
BTW, my oiffer to negotiate is still open. And it is not money that I want in
return for my permission...

Cheers, Michiel

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