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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 23:56:00 -0500 (CDT)

At 12:30am -0400, 05/17/03, Russell McOrmond <russell@flora.ca> wrote:
>On Fri, 16 May 2003, Adam H. Kerman wrote:
>>At 1:13pm -0400, 05/16/03, Russell McOrmond <russell@flora.ca> wrote:

>>>Curious:  Did PEDNET get legal clearence when the old FTP files were moved
>>>to FLORA.org?  Sounds like the PEDNET list admins should be the last
>>>people to expect there to be restrictive copyright on the list archives
>>>since the over-claim of rights from some posters had already been violated

>>Before my time. What are the reasonable expectations of such an archive?
>>That it will be available only on its original host isn't one of them.

>  Where does one draw the line from 'original host' and 'original
>medium'?  Is me burning the archives onto CD (which I have already - part
>of a backup process) considered a violation of copyright in your mind?
>What if I give such a CD away? What if I charge?

I think there's a bright line. Back-up files are another form of archiving. If
you burned lots of copies of the CD-ROMs and distributed them, that would be
publishing in another medium. The charge is irrelevant.

Do people have a right to control their works forever? I don't think so. I
object to estates retaining copyright (how do you encourage dead people to
write new books?), but a certain period of time of exclusive control is
reasonable. This is a privilege in law, not a natural right. People don't have
the right to prevent others from quoting their works or commenting on their
works or building upon their works, but they have the right to receive credit
for their works. It's only polite.

> What if someone prints some of the articles?  Gives them away?  Charges
>for the printing?

There's no issue with single copies. Mass copies? Sure.

>  There is some line that gets drawn.  I'm wanting to say that if someone
>uses the $Free FLORA.org mailing lists that no line gets drawn and no
>"economic rights" in copyright can be exercised.  If someone is posting
>messages to FLORA.org mailing lists in the expectation that someone else
>couldn't print and republish that article (for free or otherwise), then I
>consider that an unreasonable restriction of the usage of FLORA.org, and
>very different than what I intended.

On the one hand, you claimed you wanted to codify what people have expected of
mailing lists since the beginning. Here, you are stating your own expectations
and insisting that they are consistent with the nature of mailing lists.

I don't agree. It's your opinion only, not one universally shared.

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