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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> smaller group must first understand it.
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> "Stranger Suns"
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>
> The Armadillo Group ,::////;::-. James Choate
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