Pleading the 5th

[Declan McCullagh]

Choate has given an implied consent for his posts to be redistributed
in certain ways. Much as Usenet participants do. 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).

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.

So be careful before agreeing with our resident tentacle.

-Declan


On Thu, Apr 12, 2001 at 02:21:27PM -0400, Sunder wrote:
> >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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