IP, forwarded posts, and copyright infringement

[Declan McCullagh]

It's amazing how Jim can be so earnest and so completely
wrong. Actually, I've known him too long: It's not remarkable, but
predictable.

(Hint: U.S. copyright law does not make mere possession or archiving
an offense. Try distribution, performance, etc.)

-Declan


On Wed, Jan 10, 2001 at 09:29:37AM -0600, Jim Choate wrote:
> 
> 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.
>