Re: Internet Info CDROM (fwd)

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Tom Galloway (tyg@valhalla.HQ.ileaf.com)
Mon, 12 Dec 94 17:36:53 EST


>2. 'by including their FAQs without first explicitly requesting permission'
>
>But that's precisely what they've just done! They are making an
>assumption that most people don't mind the inclusion of their FAQ on the
>CD but expressly informing the maintainers of the FAQs of their intention
>to publish and giving them the option of saying 'I don't want you making
>money off my FAQ'. Given that this is (at least!) the second time that

Um, that's not how copyright law works.

The "assumption" you refer to above is equivalent to my assuming that,
say, Stephen King would like his latest book distributed on a CD-ROM.
So I post here saying that unless I hear otherwise, I'm going to do it.

Soon, the lawyers will decend...

For starters, not all FAQ maintainers are on this list. It's the
responsibility *under copyright law* (particularly since under the Berne
Convention, things are autocopyrighted when written) of the person who
wants to make the copy to get explicit permission from copyright holders.
That means they have to, for a start, email or otherwise contact all
copyright holders of the material they want to copy. Furthermore, they have
to get an explicit response in the affirmative that they are granted
permission to copy the work; no assuming that because they didn't get back
a response that they've been given permission.

There are no "assumptions" to be made here; Walnut Creek has no choice in
the matter under copyright law, and they're just asking for someone to
formally register (to go for punitive damages, this is necessary) their
FAQ's copyright with the U.S. government and then sue them for a considerable
amount, particularly given a pattern of ignoring copyright having been
shown.

tyg tyg@hq.ileaf.com



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