On Mon, 6 Nov 1995, Robin wrote:
> Douglas,
>      Would you unpack "unless stated otherwise" for me.  Do you mean the author
>  has to relinquish his/her rights?  I want to put something like the following
 
Yes, it must be a specific relinquishment of copyright, though I think the
courts usually frown on "infringement" cases brought by people who haven't
actively defended their copyrights.
 
> in my welcome message but am uncertain as to the legality -
>
> By default all material posted to this list is considered to be in the public
> domain unless there is an explicit copyright notice attached to the message.
 
You can say that if you want to, nothing wrong with it, but I don't know
if it would hold up if challenged.  It's in the nature of a contract, like
the lables on software shrinkwrap, which don't always hold up in court.
Your presumption is that everyone posting to the list has read the contract
and by posting to the list gives tacit agreement to the contract.  If they've
never seen the contract they can't be said to have agreed to it.  If you
can guarantee that *all* posters to the list have read the contract and
agree to it, fine, you *may* have something.  If you can't guarantee that
you really don't have anything.  Again, it would best to take this to the
copyright list, they'll love to tell you all about it in greater detail
than you can stand.
 
Did I say earlier "life plus 50?"  It can also be "life plus 75" if
a corporation (publisher) has gotten its hands on the copyright.
 
Douglas
       Douglas Winship   Hays County, Texas  [log in to unmask]
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