On 3/21/99, Mark Lemley <mlemley[_at_]mail.law.utexas.edu> wrote:
>
> Actually, I think the problem is that you are not being literal enough.
> It's probably true in theory that the recipient of a particular email
> can do whatever she wants with that particular copy of the email, just
> as you could with a letter. But in practice, it's hard to think of
> anything you could do with an email that wouldn't also involve making
> another copy -- and that's forbidden by the copyright act. So, for
> example, forwarding the email you received is not simply passing on
> "your" copy -- it is the making of a new copy.
Normally I would agree. However, if I forward the e-mail without keeping a copy of the forward, and, at the same time, I delete the copy I received from my system. It seems to me -- putting aside techie arguments about being able to recover the deleted copy, and other creative arguments -- I have effectively transferred the only lawful copy I possessed. That should not be a violation of copyright law.
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