repeat posting incidents on the nets

From: <CNICOPY[_at_]charlie.usd.edu>
Date: Thu, 8 Dec 1994 14:58:22 -0600 (CST)

Some other copyright incidents that have happened on the nets.

  1. At least once, and perhaps twice, a university in California posted the files from a copyrighted Shakespeare CD on an anonymous ftp server. I know they got a cease and desist letter and removed the files once. But I think I heard that someone reloaded them later.
  2. World Library sued Pacific Hi Tech for creating a cd from files it obtained on the net that allegedly originated from the World Library CD.
  3. There was a site that posted the Billboard top 40 charts that got a cease and desist letter and shut down.
  4. At least one internet site got a letter from the lawyers for Dame Conan Doyle informing them that some Sherlock Holmes works were still protected in the US by copyright and that Dame Conan Doyle would enforce these copyrights if those particular works appeared on the internet.
  5. The publisher of an old encyclopedia on which the copyright has expired have sent letters to a group producing an electronic version of the encyclopedia trying to get them to sign a license because the name of the encyclopedia is still protected by trademark.

These are the ones that come to mind right now. I know I've heard of others. The larger the project, the higher the risk of being noticed. If a work is still being commercially exploited, the higher the risk of being noticed. And if the poster has any commercial connections, the greater the risk of being noticed and action being taken.

But no matter how you look at it, it seems to me that there is pretty clear evidence that the nets are being watched. It is not a situation where you can say that no one will get sued or there are not any real risks.


Mary Brandt Jensen     			414 East Clark St.
Director of the Law Library		Vermillion, SD 57069-2390
Professor of Law			(605) 677 6363
University of South Dakota		(605) 677 6357 fax
CNICOPY[_at_]CHARLIE.USD.EDU I grant permission for all my postings to this list to be forwarded to other lists and freely circulated on the nets.
Received on Thu Dec 08 1994 - 20:57:42 GMT

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