IP, forwarded posts, and copyright infringement

[Jim Choate]

On Wed, 10 Jan 2001, Declan McCullagh wrote:

> [Jim sent me the below message directly without any indication that it was 
> also sent to the list. But from past experience, I know better. Another 
> example of not-quite-adequate Choatian social norms.]
> 
> Anyway, Jim is conflating physical control over an instantiation of IP with 
> the rights conferred by IP law. If someone copies Microsoft Word (or a Tom 
> Clancy novel) onto a CDROM and gives it to me, I am not liable.

You are if you take it knowingly (can you take something unknowingly?) and
especially if with the intent to defraud the copyright holder of their
rights.

In the case of the Tom Clancy novel, there's usually a clause about no
electronic storage so if you had such a novel then yes possession would in
fact be a crime.

I would have thought the .mp3 controversy would have made this point
clear.

    ____________________________________________________________________

           Before a larger group can see the virtue of an idea, a
           smaller group must first understand it.

                                           "Stranger Suns"
                                           George Zebrowski

       The Armadillo Group       ,::////;::-.          James Choate
       Austin, Tx               /:'///// ``::>/|/      ravage at ssz.com
       www.ssz.com            .',  ||||    `/( e\      512-451-7087
                           -====~~mm-'`-```-mm --'-
    --------------------------------------------------------------------