Re: New Copyright Publications of the LII

At 1:08 PM 2/28/94 -0500, Trotter Hardy wrote:
>
>Which means that the interesting question is this: you write a
>message to a list, prefacing it with the remarks: "Please do not
>forward copies of this message to anybody not already a member
>of this list, and don't archive it for others' access."
>
>Now somebody ignores this comment and resends the message to
>another list of 500 folks. Can the message originator sue the
>one who forwarded the copies?

Perhaps we would be better off with a hypo that is in more traditional copyright areas... If you publish a book, sell it to bookstores, and on the outside of the shrinkwrap you say "Please do not sell or give this book to anyone who is not _______ (fill in the blank... perhaps "a citizen of the U.S.", or ???), and do not sell it to any libraries that will make it available for others to read."

Would anyone believe that a bookseller/distributor would have to live up to those words -- if they did not sign a contract to that effect? Would you be able to sue a bookshop that sold it to someone not on your approved buyers list? Why should an on-line posting be any different?

I maintain that unless there is a signed agreement, these are all shrink-wrap agreements and are null and void -- worthless. You publish the book or the message.. it goes out to the distribution channel you chose.. that's all you can do, that's all you can control.

---
Glenn Tenney
tenney[_at_]netcom.com   Amateur radio: AA6ER
(415) 574-3420      Fax: (415) 574-0546