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Election 2006 (and beyond): Digital Copyright Canada

Re: Legal issues with mailing lists.

From: "Adam H. Kerman" <ahk_-at-_chinet.com>
To: flora-admin-help_-at-_flora.org
Date: Fri, 16 May 2003 23:43:29 -0500 (CDT)

At 12:23am -0400, 05/17/03, Russell McOrmond <russell@flora.ca> wrote:
>On Fri, 16 May 2003, Adam H. Kerman wrote:

>>This doesn't concern Chris or me, per se. This would be of concern to a
>>number of subscribers. We get messages posted to Pednet that range from
>>chatty to what could be considered a proto message for a scholarly article.
>>Several of our subscribers have their own Web sites, some of which are quite
>>elaborate, especially Todd Litman's VTPI site. They would not agree that
>>posting an article in an email message to Pednet means that they've given
>>consent to having that article republished in an unrelated media.

>  This is something to fix up very quickly then.  I never intended to
>offer via FLORA.org the ability of people to post scholarly articles via
>mailing lists that are believed to have such copyright restrictions on
>them.

>  Your other issue of someone re-publishing without attribution, or
>claiming it to be their own, is not affected by the license agreement that
>I'm discussing.

How so? All research is based on the works of others to a greater or
lesser extent. It's plagarism when credit isn't given. It's generally
understood when someone publishes a scholarly article that others will comment
upon it, build upon it, or contradict it. Study continues indefinitely.

>If someone did that then they are in violation of copyright (moral rights) in
>Canada, and likely in violation under tort law as well (although I'm not as
>familiar with this area of law).

You take away the right to receive due credit through your attempt to assign
the right of derivation to you. I'm sorry, Russell, but THAT'S a big deal.

No one posting a scholarly article to Pednet, or posting something they intend
to save on their own Web site, intends to stifle discussion of their own works
or prevent others from building upon their studies. They damn well expect to
receive credit as appropriate.

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