On Thu, 12 Apr 2001, Declan McCullagh wrote:
Choate has given an implied consent for his posts to be redistributed in certain ways.
How? Saying it over and over like a Buddhist mantra won't make it so.
Much as Usenet participants do.
A privately run mailing list is not equivalent to USENET where there is no subcription or other 'access' process. The same can't be said about a mailing list where one must 'subscribe' using a valid email address for receipt. Access to USENET does not require any special action on the part of the reader or poster.
He has probably not given consent for all of his posts to be combined and sold by Wired as a book (of course this is just a hypothetical, nobody would buy it).
No, I haven't. In fact nobody on this list has, implied or otherwise.
Choate, however, would have a very weak case if I was to reproduce one of his posts in a Wired article. Copyright law, as the lawyers can attest, includes many factors a court would weigh, and he'd almost certainly lose.
Actually under current law, if the article included more than about 200 lines of my posts then I'd have a very strong case. ____________________________________________________________________ The ultimate authority...resides in the people alone. James Madison The Armadillo Group ,::////;::-. James Choate Austin, Tx /:'///// ``::>/|/ ravage@ssz.com www.ssz.com .', |||| `/( e\ 512-451-7087 -====~~mm-'`-```-mm --'- --------------------------------------------------------------------