Mailinglist privacy: MY NAME ALL OVER GOOGLE!

Bart Silverstrim bsilver at chrononomicon.com
Sat May 7 08:22:41 PDT 2005


On May 6, 2005, at 2:48 PM, Anthony Atkielski wrote:

> Paul Schmehl writes:
>
>> Before you start spouting legal advice on a public list, I would 
>> suggest
>> that you point to chapter and verse that *specifically* addresses 
>> posts
>> made to a public forum that *explicitly* states that such posts will 
>> be
>> archived and *explicitly* states that you have the right to request 
>> their
>> removal *and* the right to sue if the archiving party refuses to 
>> remove
>> them.  Furthermore, you must first prove that post made to a public 
>> forum
>> are protected by copyright laws.
>
> Any creative work fixed in a tangible medium is protected by copyright
> by default.  Any form of reproduction of a copyrighted work requires 
> the
> permission of its creator, _except_ as otherwise provided by law.
> That's the way the law is written.  No exceptions are made for archival
> of mailing lists in publicly accessible archives (nor for any other use
> of messages to mailing lists, AFAIK).

Maybe you should look at the definition of Fair Use, especially 
balanced against what copyright was meant to protect...namely the 
author's ability to profit.  The archives aren't preventing the author 
from profiting and they aren't profiting from someone else's work...

Look at the disclaimer for the ARCHIVE at 
archives.econ.utah.edu/archives .

How about nobody talk to you anymore because they need a consent form 
to quote you in their replies?  Would that help?  That way people on 
the list could only respond to people that are slightly more 
reasonable... :-)

Dilemma...how do I get permission to quote you to reply to you?  I 
can't quote your message back to you to ask for permission for fear of 
breaching your copyright, and I can't just send you my own words alone 
without reference...then you might not know what I was referring to, 
which is clearly not allowable since it isn't legally specific enough 
to get permission to answer what it is you wanted answered.

Wait...are you a Vogon?



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