Pleading the 5th

[Jim Choate]

On Mon, 16 Apr 2001, Declan McCullagh wrote:

> No, I said there was some implicit license to redistribute and
> republish as online archives, etc. I didn't say (and don't think) that
> license should extend to -- the example I gave -- publishing the posts
> in book form.
> 
> The point you fail to grasp is that journalists have fairly broad leeway
> to make fair use of posts here, whether you like it or not.

A post or two yes, you can use under 'fair use', you can't just take posts
willy nilly as you see fit and re-distribute them as you see fit. You
couldn't take a dozen of them in toto and use them without permission
legally.

Go back to the Apr. 12 arguments on this point and you'll see the suttle
shift on Declan's position from 'all posts have implied consent' to 'the
press can use them in an article'.

You'll also note that he slipped right by the post I sent in responce to
his 'USENET' claim about 'implied copyright limitations', they don't
exist.

You'll also find a post where he admits that were there any 'implied
consent' it would fall to the list operators (of which I am one and he is 
none) and not newspapers or other 'organizations'.

He's a slippery little beggar who'll lie, cheat, steal, and twist
whatever it takes to keep from going 'Oh, I guess I could have had a V8'.

(that's fair use under parody in case you don't understand the concept
Declan)

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