Date: Fri, 4 Feb 2005 19:15:13 -0800 From: "Ted Mittelstaedt" <tedm@toybox.placo.com> To: "Chris Hodgins" <chodgins@cis.strath.ac.uk>, "Erik Norgaard" <norgaard@locolomo.org> Cc: vandrewlevich@momsandkids.org Subject: RE: favor Message-ID: <LOBBIFDAGNMAMLGJJCKNGEEAFAAA.tedm@toybox.placo.com> In-Reply-To: <4203F451.9070307@cis.strath.ac.uk>
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> -----Original Message----- > From: owner-freebsd-questions@freebsd.org > [mailto:owner-freebsd-questions@freebsd.org]On Behalf Of Chris Hodgins > Sent: Friday, February 04, 2005 2:17 PM > To: Erik Norgaard > Cc: questions@freebsd.org; vandrewlevich@momsandkids.org > Subject: Re: favor > > > No. You could however request that your own pages/articles > are removed > as you would be the legal copyright holder for those.....I think. ;) > No actually you can't, you don't have legal basis for this. If you post on a public forum, by implication you are giving that forum permission to publish your copyrighted material. Since at the time of publication of that post, the FreeBSD mailing list was being archived, you also by implication gave your permission for FreeBSD to put it into their archives. These are first publication rights and once you give them out you cannot get them back, because after publication they don't exist any longer. By analogy, I write a book and give Addison Wesley permission to publish it, well I can get the rights to -future- publication back from them (if I pay them) but for the books that are out there, the purchasers of them have a legal right to possess copies of my work, regardless of whether I have changed my mind or not, since they purchased the book when AW still had rights to publish. The only thing that Valerie Andrewlevich, as a copyright holder of her posts, can do is block 3rd parties such as Google or other search engines from re-publishing her copyrighted material - ie: her post - becase in her initial post back in 2003 she never gave permission for Google to republish her material, and Google and other search engines all republish under Fair Use doctrine. (which basically means you cannot sue them for publishing your work as long as they stop publication the second you inform them that their rights to publish under Fair Use are terminated, and as long as they have published in a way that doesen't slander or otherwise impunge your good name) And of course, all of this goes out the window if the use of the copyright is for satire - as the courts have held that satire is constitutionally protected, and that it's reasonable to assume that a satirist would never be able to get permission from a copyright holder to publish their work. Which means I can say Valerie sounds like her kids aren't keeping her busy enough as she has so much time for looking at search engines, followed by an excerpt of her original post, and I have legal right to do it and she has no right to stop me, because such a statement is satire and thus protected. > > I think the point the OP was trying to make is that he would not like > those posts to appear at all. :) > He is a She, unless Valerie has suddenly become a boy's name, and she quite obviously shows a shocking lack of knowledge about how much effort that she is asking the archive manager to go to, just to satisfy her ego. I might also point out that that list of churches on www.momsandkids.org is also undoubtedly published under Fair Use, I doubt the site managers got permission from every one of those churches to link to them. I sure hope she isn't affiliated with them - sauce for the goose and all that, you know. Ted
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