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Eric Thomas <[log in to unmask]>
Sun, 17 Oct 1993 22:43:37 +0100
text/plain (34 lines)
I see a number of problems with this copyright notice:
 
1. It is US-centric in its references  to law. It is fairly common in our
   network to have the  author of a posting in (say)  Sweden, the list in
   the US, and an archive server  in Canada from which someone sitting in
   Korea will retrieve  a posting. You just can't assume  US law applies,
   and  there are  differences. To  take a  concrete example,  in the  US
   you're not allowed to make a copy of  a CD to a tape to listen in your
   car (most people do it anyway,  but that's another matter). In France,
   it falls  under the provision for  "copies for the private  use of the
   copier", and there is nothing the record company could do about it.
 
2. There are a  number of statements of the type  "...like with any other
   list" where the preceding  statement is not a given. A  list is like a
   private club, you can set up  pretty much whatever conditions you want
   as long as they  are not unlawful. To take an  extreme case, one might
   publish a  set of regulations and  make everyone return a  signed copy
   before being added. To take  a concrete example again, granting anyone
   permission  to  repost anything  is  not  something I  would  consider
   self-evident. While it makes sense to repost technical advice Joe sent
   to the  XYZ-L list to  Mary who asked the  same question on  the ABC-L
   list, you  will want to  ask Joe's permission  for postings of  a more
   personal nature. Another example is draft papers, which you don't want
   forwarded around without your permission.
 
What worries  me in fact is  that the notice sounds  more like guidelines
than like a disclaimer. For instance, it sounds like it is telling people
that it's  ok to forward any  posting from a list  member without asking,
when in fact what  you wanted to say is that the  list moderator can't be
held responsible  if this  happens, because  he has  no control  over the
subscribers.
 
  Eric

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