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(May 1999)
 

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Subject: Re: copyright law vs. mailing list archives
From: "Bernie Cosell" <bernie @ fantasyfarm . com>
Organization: Fantasy Farm Fibers
Date: Tue, 11 May 1999 09:36:22 -0400
To: List-Managers @ GreatCircle . COM
In-reply-to: <Pine . GSO . 4 . 05 . 9905102305370 . 10222-100000 @ katie . vnet . net>
References: <19990510194312 . E21433 @ smoe . org>
Reply-to: bernie @ fantasyfarm . com

On 10 May 99, at 23:18, murr rhame wrote:

> On Mon, 10 May 1999, Jeff Wasilko wrote:
> 
> > I received the mail below today, and upon inspecting the mailing
> > lists archives, I've found 6 copies of the poem in various list
> > archives. 
> 
> A "legal" notice sent by email isn't worth the paper it's written on.
> I would remove the copyrighted material in question, notify the author
> that you have done so and wait for a proper summons.  If practical,
> find the author's email address, phone number or snail mail address by
> independent means. You have no way of knowing if the email you got was
> in fact from the author's representative.  Could be a forgery.

This is all reasonable advice.  But rather than ignore it, I'd forward 
the letter to *my* lawyer and have him check into it..

One tack would be to "pretend" that OCILLA would apply in this case [it 
really wouldn't] and act as if you were an ISP [which means:
  1) remove the alleged-infringing material immediately, and
  2) notify the actual infringer [the person(s) who posted the material]
     of the copyright action.


> > Do mailing list archives have any protection against being held
> > liable for copyright infringement?
> 
> I'm not aware of any special protection for mailing list archives.

Not for third-party infringement questions, certainly.

  /Bernie\
-- 
Bernie Cosell                     Fantasy Farm Fibers
mailto:bernie @
 fantasyfarm .
 com     Pearisburg, VA
    -->  Too many people, too few sheep  <--          


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From: murr rhame <murr @ vnet . net>
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