Mailinglist privacy: MY NAME ALL OVER GOOGLE!

[Anthony Atkielski]

Ted Mittelstaedt writes:

> No, Chris, we don't want to do that. If you put any kind of message
> like that on the website you are then implying that the users have
> copyrights in the first place on postings that they put on the mailing
> list.

It's better than being successfully sued or prosecuted for infringement.

There can be little doubt that posts are indeed protected by copyright,
as they fall within the scope of materials that are so protected. The
only question is the degree to which this copyright can be successfully
enforced.  However, successful enforcement of a law isn't necessary to
make the law valid, especially in torts.

> Since what law there is supports the opposite assumption - that the
> poster has no copyright on the post made in this forum - you are far
> better legally by NOT putting such a disclaimer.

Which law supports that?

> It is kind of like if you walk into a restaurant and pick up a fork
> and stab yourself, then sue the restaurant claiming that they are
> negligent in not warning you that their forks are sharp. Today you
> don't see warning labels on forks because the law presumes that a fork
> is supposed to be sharp, and it presumes that anyone of legal age to
> enter a restaurant would know this.

What is the minimum legal age to enter a restaurant?

> If restaurants all started slapping warning labels on their forks then
> they would create a presumption that a normal fork is dull, and that
> the sharp kind is unexpected.

Yes, but then they couldn't be sued successfully any more.

-- 
Anthony