Re: copyrighting of an email

John Lederer <johnl[_at_]ibm.net> wrote:
>
> Does anyone else find a certain Kafkaesque touch in the fact that
> those who point out that copying of email is a copyright violation
> usually copy the prior email in their comments so as to maintain
> the thread of thought?

I think in many cases you can argue almost classic fair use, plus of course implied license. However, you are correct that I have probably made a derivative work based on your original in this reply. My argument then is not that it isn't covered by copyright, but rather that the response is usually legal.  

> Maybe our copyright system needs an overhaul?

Unfortunately, when you let the wolf control the henhouse, you are going to have the law move in just the opposite way. In particular, I am talking about Bruce Lehman and his NII White Paper, where the proposals are to make copyright law even more extensive in the digital age.

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The preceding was not a legal opinion, and is not my employer's.
Original portions Copyright 1997 Bruce E. Hayden,all rights reserved
My work may be copied in whole or part, with proper attribution,
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Bruce E. Hayden                      bhayden[_at_]acm.org               
Austin, Texas                        bhayden[_at_]copatlaw.com