IP, forwarded posts, and copyright infringement

Jim Choate ravage at einstein.ssz.com
Wed Jan 10 07:29:37 PST 2001



It has been proposed that forwarding a URL with a page attachment is
copyright infringement. Taint so.

The situation is equivalent to a group of friends sitting around a table
and only one paper among them. As they discuss a particular article they
pass it among themselves. This is fair use and this is what forwarding a
URL and content attachment to a mailing list is.

The copyright infringement issue arises when you SAVE that post. The real
question of copyright infringement is the archivist who saves it but
doesn't have permission to hold a copy of that material. It is the act of
archiving digital data that is infringement and not sharing of access.

Strictly speaking the ONLY group who has a legal requirement to strip
attachments is archive sites.

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