atkielski.anthony at wanadoo.fr
Sun Feb 6 18:03:01 PST 2005
Joshua Tinnin writes:
JT> What contract is implied here?
When a person subscribes to a list in exchange for receiving mail from
JT> Is this what has happened here? Has the OP's ability to pay rent
JT> been damaged by her archived post?
I don't know. It's easy to conceive of plausible scenarios in which it
JT> If the OP's copyright to her post is infringed by archiving that
JT> post, then what, exactly, are the damages?
JT> No, Fair Use is more of an aspect of copyright law. No "quirk" is
JT> going to affect the nature of copyright to that extent.
It's an idiosyncrasy of U.S. copyright law, although it has some
parallels in some other countries. It provides for only a handful of
exceptions to a general rule.
JT> How do you suggest this list and all others like it deal with this
JT> matter, in practical terms?
Require members of the list to explicitly agree to archiving terms as a
condition of their subscription, or delete the archives.
JT> Don't suggest hiring lawyers, as that's hardly practical.
If a list owner gets sued, there may be no choice.
JT> What are the practical effects of a lawsuit?
Bankruptcy, in many cases, for the losing party. That may be the result
even before it goes to trial.
JT> What damages would be sought, and under what pretense?
Statutory, compensatory, and punitive damages, IIRC, depending on
circumstances. Injunctive relief also.
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