copyright of internet postings

I would be interested in hearing subscribers' opinions on the following issue. A colleague wishes to quote, in a forthcoming law review article, postings from an internet discussion group. Is there any potential liability for infringement? On the one hand, an internet posting may be analogized to a letter, in which the author retains copyright. On the other, the fact that the posting is being quoted in a scholarly work for commentary and criticism, and the fact that the author presumably intends the work to be widely disseminated (even though electronic postings technically are unpublished, correct?) militate in favor of a finding of fair use. I've been unable to find much in the way of analogous case law, e.g., would copying a letter to the editor would infringe the author's copyright or would it constitute fair use?

                            Thomas F. Cotter        
                            (904) 392-2235 (voice)
                            cotter[_at_]law.ufl.edu (internet)