Re: The letter is way off base...

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Rich Kulawiec (rsk@gynko.circ.upenn.edu)
Thu, 15 Dec 1994 08:15:52 -0500 (EST)


>I'm curious - do you really believe that if you posted something to a
>mainstream group with a copyright notice and license stating that
>copying to or by any node in a ".com" domain was expressely forbidden
>that you could win a lawsuit against netcom when the article turned up
>on one of their servers?

I don't know; I've never really considered that question, because it's
a whole different legal domain than the issue of CDROM publication.
My offhand guess, after 30 seconds of thought, is "no", because the
court would probably find that there is no reasonable expectation
on the part of the author (me) that my article would *not* be propagated
to those machines -- in fact, just the opposite is true, since the
overt act of posting is an action explicitly designed to cause the
article to propagate to all Usenet sites.

The big difference is that the situation you describe involves an
overt act to accomplish a goal: I have to hit the "send" button,
so to speak, to cause the article to be posted. This is a very
different situation from the present one, where if I do *nothing*
my work will be published in violation of my copyright. (Well, at least
I believe it violates my copyright; some agree, some don't.)

Cheers,
Rich



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