Re: FLASH: archive (OT)

[John Croteau]

Hi John and Dominic and all,


> Who says:

See below.


I sent the following post earlier with complete details that support the

legal arguments. I just checked and see I haven't received it, so I am

poasting it again:


> If indeed my 'common sense' (interesting delimiter, that!) is flawed, I

> guess I am about to embark on a learning experience here, because if the

> post above is in fact substansively correct, and not subject to

> jurisdictional differences, I can only assume that you have something other

> than your memory to substantiate your statements... and I look forward to

> studying those resources.

Links are below. Copyright laws are basically the same (set by

international treaty), but interpretations do vary.


> Bear in mind in any response you (or others)  may decide to formulate that

> we are talking about email sent to and received from a publicly available

> listserv... not graphics on my website or a book John published or anything

> like that.

Makes no difference, original work is protected.


> Put simply... if I were indeed to take every posting you had ever made to

> this list and if I were to create a website that displayed them for the

> whole world to see (I'm not saying I will, because I won't... just 'what

> if'), or if I were indeed to d/l all the archived material currently

> available and create a searchable database,  what could you _in fact_  do

> about it?  I am not at all certain that you would have any recourse

> whatsoever. 

Ultimately, I could take you to court for redress, since this would be

against the law not only in the US, but also in Canada (as well as most

other countries). And whether or not it would be practical to enforce a

violation of someone's copyright, it still remains both illegal and

wrong.

 

Below is a waiver of rights posted on many sites (note this is not done

on the Flasher List):


"License Grant. By posting communications on or through the Web Site,

you automatically grant the Company a royalty-free, perpetual,

irrevocable, non-exclusive license to use, reproduce, modify, publish,

edit, translate, distribute, perform, and display the communication

alone or as part of other works in any form, media, or technology

whether now known or hereafter developed, and to sublicense such rights

through multiple tiers of sublicensees."


The above is a typical Legal Notice posted on many Web sites. Before you

get worried, please note these attempts to gain (copyright) rights that

they do not own, are only a legal device to gain maximum opportunity.

Your losing your copyright protection is not that easy.


Geo-Cities recently tried to gain copyright to all material posted on

any of its free sites. This was changed not only because of the public

uproar, but also because they were advised that even if they claimed

copyright and users signed an agreement that relinquished their rights,

the users would not have lost their copyright and GeoCities would be

liable if they implemented their claim of copyright. What they have

gained is limited use of any material posted on GeoCity free sites.


By treaty, copyright law in the US and most countries are now basically

the same. US law now allows more rights and European laws a little less

than before these treaties were implemented. Interpretation of copyright

law varies not only by country, but also within countries, and on a case

by case basis. Canada actually provides some additional (moral) rights.


Below links are mostly to US copyright, because they are online.

Some are highly technical but most are easy to understand though

conclusions in some cases are not clear.


http://lcweb.loc.gov/copyright/

http://www.jurisdiction.com/netcopy.htm

http://www.lawgirl.com/copyright.shtml#basics

http://www4.law.cornell.edu/uscode/17/119.html

http://www.ivanhoffman.com/


Ivan Hoffman is an interesting read. My properties lawyer and I

generally agree with his conclusions in his articles. The fact than Ivan

comes to any conclusion at all except you need a lawyer, is actually

quite amazing. The only other case I know of, of lawyers providing so

much free and accurate information is the USdoj Antitrust division which

provides copies of all speeches made by their lawyers among other

things.

http://www.usdoj.gov/atr/pubdocs.html


-----------                               -----------------------

John Croteau

croteauerols [dot] com (mailto:croteauerols [dot] com)

-------------                             -------------------------

FlashTek  (Advanced Websites with Flash) http://www.FlashTek.com/

Flash Bible (Fast track to good Flash)  http://www.FlashBible.com/

Flash Central(The Universe Starts Here) http://www.FlashCentral.com/

The Flash Tech Resource (Tech Notes)   http://www.FlashCentral.com/tech/

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