IP, forwarded posts, and copyright infringement

Declan McCullagh declan at well.com
Wed Jan 10 09:54:20 PST 2001


[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.

-Declan


At 11:36 AM 1/10/01 -0600, Jim Choate wrote:
> > (Hint: U.S. copyright law does not make mere possession or archiving
> > an offense. Try distribution, performance, etc.)
>
>Hint: WRONG.
>
>Simply possessing a paperback book that has had its cover removed as a
>sign of 'destroyed' status is in fact a crime. Used book stores that have
>them in stock can be charged accordingly.
>
>The primary distinction USED TO BE whether there was intent to make money
>off the act. Now the simple desire to want to make copies and perhaps even
>share them is under review. It's not the copy of the book anymore but
>rather simple access to the ideas (which is what copyright isn't about).
>
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