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Date:      Sat, 07 May 2005 11:13:43 -0700
From:      John Pettitt <jpp@cloudview.com>
To:        racerx@makeworld.com
Cc:        freebsd-questions@freebsd.org
Subject:   Re: Mailinglist privacy: MY NAME ALL OVER GOOGLE!
Message-ID:  <427D0557.7010006@cloudview.com>
In-Reply-To: <427D024A.9040601@makeworld.com>
References:  <20050506105722.099954BEAD@ws1-1.us4.outblaze.com> <1997311903.20050506130845@wanadoo.fr> <0AC758EB7E2462CBCDB89994@utd49554.utdallas.edu> <1946109313.20050506204814@wanadoo.fr> <332ca468819dcb4bdaf5a1e9a8fb283e@chrononomicon.com> <798745799.20050507195306@wanadoo.fr> <427D024A.9040601@makeworld.com>

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Chris wrote:

>Nobody can reply to, reproduce, referance, show, etc. this email without
>written consent be my.
>  
>
The courts, wisely, have declined to say quoting a set amount is ok or
define any other bright line test. 

Since there is no "bright line" test for fair use it comes down to is is
reasonable to quote for one of the reasons supported by the fair use
doctrine.    In this case criticism.  There are plenty of decisions
supporting taking a small part of a work and quoting it for critical
purposes - in trying to negate that right you are fighting an uphill
battle that has little probability of prevailing in court.   Further in
asking that your post not be referenced you are trying to impose private
censorship - there is no provision of copyright law (or any other law)
that prohibits referencing another work (as my satirical post yesterday
pointed out).      Lastly by trying to prohibit people from showing your
post you are trying to invoke a trade secret relationship where no
contractual basis exists.

In other words your post is basically BS and wouldn't stand up to a
first year law student on a bad day.

John

 



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