Re: comercial site request to use FAQ

---------

Al Gilman (asgilman@access.digex.net)
Tue, 18 Mar 1997 08:32:21 -0500 (EST)


From: michaelm@swcp.com (Michael Martinez)
Subject: Re: comercial site request to use FAQ

> At the very least, I think the question has really been settled. The
> incident with the two universities leads me to believe this the most.

I regret that I wrote these last two sentences in haste.

I don't believe the question has been settled. The incident with the two
universities and the copied web page leads me to believe that most people are
unwilling to take these matters to court. So the matter is technically NOT
settled (to my thinking).

We can't afford to have the courts deal with matters other than what is
left over after reasonable people try to work things out. That is what
happened here, and we can be thankful.

In case your wife wants a story line to take to a lawyer should she ever
have the misfortune of having to test the matter in court, consider the
following:

The legal precedents are the following:

- a compilation is copyrightable (value added by creation of composite)
- a catalog is not (strictly derivative)

Note: a page of links would superficially appear to have some of the
characteristics of either a compilation or of a catalog.

My professional analysis of this would be that what she has done is the
intellectual-content-equivalent of a compilation; She has posited some
notion of relevance and created something by determinations of relevance
which gives you a virtual composite work. Had she simply linked to
the parts of what was already identified as a whole elsewhere, it
would have been comparable to a catalog. However, the judgement of
relevance to the theme here is original effort, and the result should
be viewed as copyrightable.

File that in your pearl harbor file shold anybody attempt to reverse
the administrators' action in court.

--
Al Gilman
I am not a lawyer.
Law is too important to be left to the lawyers.
There is a plausible basis to suppose that I might be recognized as an
expert witness if this matter came to court.


[ Usenet Hypertext FAQ Archive | Search Mail Archive | Authors | Usenet ]
[ 1993 | 1994 | 1995 | 1996 | 1997 ]

---------

faq-admin@landfield.com

© Copyright The Landfield Group, 1997
All rights reserved