Pleading the 5th

[Sunder]

>From the "I'm gonna hate myself in the morning for this, but" files.

I believe Jim is correct that any postings he makes are protected by
copyright law.  Remember that copyright law protects several rights of
the author of works, includind that of distribution.

In effect Jim is saying that what he posts here is posted here by his
own hand, and "here" being a group of mailers that automatically
distributes his works, the archivers, filters, usenet, and other
forwarders, etc, but he claims that it is not okay for these works
to be printed in newspapers, magazines, or on their web sites without
his consent.

Yes, it is a silly view, but I don't think there is anything in copyright
law that would deny him the right of deciding what the distribution is.

While he can't really enforce what people do with the emails that they
receive from him, if he sees his posts printed in full in the next issue
of WIRED, he could sue.



Declan McCullagh wrote:
> 
> The problem with Choate's argument is that (besides that it's silly),
> he gives implied consent to redistribute by posting here. Also, as he claims
> to know, CDR is by nature distributed, and each node can set its own
> policy. Dont' like it? Don't participate.
> 
> -Declan
> 
> On Thu, Apr 05, 2001 at 06:02:48PM -0500, Jim Choate wrote:
> >
> > I don't do interviews.
> >
> > I also own the copyright on everything I post to Cypherpunks. If it gets
> > printed without my permission (and I won't give it) in a newspaper or
> > other COMMERCIAL venture it is copyright infringement. You're free to post
> > excerpts. I believe ~200 lines is the maximum allowed under current
> > copyright law.

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