From owner-freebsd-questions@FreeBSD.ORG Mon Feb 7 02:03:01 2005 Return-Path: Delivered-To: freebsd-questions@freebsd.org Received: from mx1.FreeBSD.org (mx1.freebsd.org [216.136.204.125]) by hub.freebsd.org (Postfix) with ESMTP id D7BE216A4CE for ; Mon, 7 Feb 2005 02:03:00 +0000 (GMT) Received: from smtp9.wanadoo.fr (smtp9.wanadoo.fr [193.252.22.22]) by mx1.FreeBSD.org (Postfix) with ESMTP id 4915743D2D for ; Mon, 7 Feb 2005 02:03:00 +0000 (GMT) (envelope-from atkielski.anthony@wanadoo.fr) Received: from me-wanadoo.net (localhost [127.0.0.1]) by mwinf0907.wanadoo.fr (SMTP Server) with ESMTP id 238371C00172 for ; Mon, 7 Feb 2005 03:02:59 +0100 (CET) Received: from pix.atkielski.com (ASt-Lambert-111-2-1-3.w81-50.abo.wanadoo.fr [81.50.80.3]) by mwinf0907.wanadoo.fr (SMTP Server) with ESMTP id 0134A1C0014F for ; Mon, 7 Feb 2005 03:02:58 +0100 (CET) X-ME-UUID: 20050207020259503.0134A1C0014F@mwinf0907.wanadoo.fr Date: Mon, 7 Feb 2005 03:02:58 +0100 From: Anthony Atkielski X-Priority: 3 (Normal) Message-ID: <1412682.20050207030258@wanadoo.fr> To: freebsd-questions@freebsd.org In-Reply-To: <200502061420.24415.krinklyfig@spymac.com> References: <1574286459.20050205120828@wanadoo.fr> <200502061420.24415.krinklyfig@spymac.com> MIME-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit Subject: Re: favor X-BeenThere: freebsd-questions@freebsd.org X-Mailman-Version: 2.1.1 Precedence: list Reply-To: freebsd-questions@freebsd.org List-Id: User questions List-Unsubscribe: , List-Archive: List-Post: List-Help: List-Subscribe: , X-List-Received-Date: Mon, 07 Feb 2005 02:03:01 -0000 Joshua Tinnin writes: JT> What contract is implied here? When a person subscribes to a list in exchange for receiving mail from the list. JT> Is this what has happened here? Has the OP's ability to pay rent JT> been damaged by her archived post? I don't know. It's easy to conceive of plausible scenarios in which it would be. JT> If the OP's copyright to her post is infringed by archiving that JT> post, then what, exactly, are the damages? See above. JT> No, Fair Use is more of an aspect of copyright law. No "quirk" is JT> going to affect the nature of copyright to that extent. It's an idiosyncrasy of U.S. copyright law, although it has some parallels in some other countries. It provides for only a handful of exceptions to a general rule. JT> How do you suggest this list and all others like it deal with this JT> matter, in practical terms? Require members of the list to explicitly agree to archiving terms as a condition of their subscription, or delete the archives. JT> Don't suggest hiring lawyers, as that's hardly practical. If a list owner gets sued, there may be no choice. JT> What are the practical effects of a lawsuit? Bankruptcy, in many cases, for the losing party. That may be the result even before it goes to trial. JT> What damages would be sought, and under what pretense? Statutory, compensatory, and punitive damages, IIRC, depending on circumstances. Injunctive relief also. -- Anthony