Mailinglist privacy: MY NAME ALL OVER GOOGLE!
Anthony Atkielski
atkielski.anthony at wanadoo.fr
Fri May 6 17:42:26 PDT 2005
Danny Pansters writes:
> Which shows how bad cratic souvereign counties are gettingthey're accepting US
> corp law as their own.
Copyright law is fairly consistent in the industrialized world.
> Anyway, stuff your DMCA.. until we have a valid precedent for it I'd say stuff
> it.
There's already a lot of jurisprudence to draw upon.
> What if it's the US DMCA against a big French software house (assuming
> you have one). How would you think your gov would react?
I suppose my government would either apply French copyright law if the
infringement were in France, or U.S. copyright law (i.e., the DMCA) if
the infringement were in the U.S.
> Now go back to someone complaining about their want-on sent messages
> being archived... yeah sure they would cave in. Dream on.
It's surprising what courts care about sometimes.
> And besides as other people have pointed out in the realm of cyberspace once
> you post something willingly, it's impossible to retain it and any perceived
> profit that would have been generated by it (yes, the court will ask about
> this loss of profit). It's a loosing shipwreck trying to go to court for
> that.
You can still obtain relief in various forms.
> It may just end up as what most people would expect: considered "fair
> use" ...
I'm not aware of any cases in which reproduction of an entire work has
been held to be fair use; fair use is usually interpreted pretty
narrowly.
> ... and if it doesn't it's going to loose over technicalities alone, like when
> you answer back quoting the original message. Were you breaking copyrights?
That's not a technicality, nor is it relevant to the main question.
> No judge is going to do that dance, not even in the crazy paranoid
> corporate stronghold culture we live in these days. Forget it.
You don't know what a judge will do until you're in court.
> Still... would the OP please try to sue so that we get a nice jurisdiction
> about this. Rather now than later.
Be careful what you wish for.
--
Anthony
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