Copyright Licenses and Assignments (BitLaw)
Some specific info on 'implied' copyright. http://www.bitlaw.com/copyright/license.html The best that Declan can hope for is a 'non-exclusive' copyright, but even that would require an exchange (ie a meeting of minds) between the two parties. However, that won't fly since, as an operator of at least one of the nodes, the policy is that you as the original author release no rights by participating in the CDR itself, implied or otherwise - which I've stated many times (check the archives). So the 'implied' contract perspective falls down because one of the parties involved has EXPLICITLY made known the conditions of use. That over-rides ANY implied anything. Further, by the other nodes agreeing not to modify backbone traffic they have explicitly agreed to this for all parties NOT SUBSCRIBED TO THEIR NODE. What we do have is a EXPRESS LICENSE between node operators. And then a (potentialy) implied (unless they print a policy on a webpage like SSZ does) contract between subscriber and node operator. The CDR is NOT(!!!!!!) Usenet, even if we are distributed over several nodes. -- -- ____________________________________________________________________ Nature and Nature's laws lay hid in night: God said, "Let Tesla be", and all was light. B.A. Behrend The Armadillo Group ,::////;::-. James Choate Austin, Tx /:'///// ``::>/|/ ravage@ssz.com www.ssz.com .', |||| `/( e\ 512-451-7087 -====~~mm-'`-```-mm --'- --------------------------------------------------------------------
Nobody ever said the CDR was Usenet. Choate is tilting at windmills again, a crazed smile on a manical face as he bounces around his padded room. Nevertheless it is similar in one or two respects. People posting to cypherpunks offer an implied license for people to archive and redistribute for the purposes of transmission and redistribute on an archive site their copyrighted works. This is not the same as giving up copyright (I'm sure I've sold some articles that I've posted in preliminary draft form to cypherpunks at one point or another). I vaguely recall that this is one of Choate's pet topics, worms have burrowed deep into his skull and preclude even the usual state of gibbering nonsense. So I doubt I'll say anything more here. -Declan On Sat, Aug 04, 2001 at 08:58:23AM -0500, Jim Choate wrote:
Some specific info on 'implied' copyright.
http://www.bitlaw.com/copyright/license.html
The best that Declan can hope for is a 'non-exclusive' copyright, but even that would require an exchange (ie a meeting of minds) between the two parties. However, that won't fly since, as an operator of at least one of the nodes, the policy is that you as the original author release no rights by participating in the CDR itself, implied or otherwise - which I've stated many times (check the archives). So the 'implied' contract perspective falls down because one of the parties involved has EXPLICITLY made known the conditions of use. That over-rides ANY implied anything. Further, by the other nodes agreeing not to modify backbone traffic they have explicitly agreed to this for all parties NOT SUBSCRIBED TO THEIR NODE.
What we do have is a EXPRESS LICENSE between node operators. And then a (potentialy) implied (unless they print a policy on a webpage like SSZ does) contract between subscriber and node operator.
The CDR is NOT(!!!!!!) Usenet, even if we are distributed over several nodes.
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-- ____________________________________________________________________
Nature and Nature's laws lay hid in night: God said, "Let Tesla be", and all was light.
B.A. Behrend
The Armadillo Group ,::////;::-. James Choate Austin, Tx /:'///// ``::>/|/ ravage@ssz.com www.ssz.com .', |||| `/( e\ 512-451-7087 -====~~mm-'`-```-mm --'- --------------------------------------------------------------------
On Sat, 4 Aug 2001, Declan McCullagh wrote:
Nobody ever said the CDR was Usenet.
You have used that comparison numerous time. Check the archives. In fact it is the fundamental cornerstone of your 'implied contract' argument. Once we differentiate the two your assertion has nothing to stand on. The CDR is not a public service nor is it a 'universal' service like USENET. It IS(!!!) a mailign list operated by private individuals which is participated in by private individuals who must individual subscribe (which is a big distinction itself with the way USENET operates). -- ____________________________________________________________________ Nature and Nature's laws lay hid in night: God said, "Let Tesla be", and all was light. B.A. Behrend The Armadillo Group ,::////;::-. James Choate Austin, Tx /:'///// ``::>/|/ ravage@ssz.com www.ssz.com .', |||| `/( e\ 512-451-7087 -====~~mm-'`-```-mm --'- --------------------------------------------------------------------
participants (3)
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Declan McCullagh -
Jim Choate -
Jim Choate