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Election 2006 (and beyond): Digital Copyright Canada

Re: Legal issues with mailing lists.

From: Russell McOrmond <russell_-at-_flora.ca>
To: flora-admin-help_-at-_flora.org
Date: Sun, 18 May 2003 10:40:49 -0400 (EDT)

On Sat, 17 May 2003, Adam H. Kerman wrote:

> If derivation rights have been assigned, that gives the assignee control
> over derivatives including expectations of receiving credit.

  Please talk to a lawyer and relay the results back to us.  It is not my
intention to do this, but I disagree with your legal interpretation.  My
legal interpretation won't change until I get a *Canadian* legal opinion
that says otherwise.

> You also want authors to assign future publication rights.

  Correct.  Until you mentioned it, I have always operated under the
assumption that as part of the free services of FLORA.org that mailing
lists would not be used to distribute commercial content.  People are
invited to provide links if they want to alert people on FLORA.org mailing
lists to commercial content hosted elsewhere.

  I'm willing to give people who have been distributing commercial content
on a free service the benefit of the doubt and assume that they were not
deliberately abusing what was offered to them.  I do want to ensure that
this stops in the future, and that anyone who wishes to distribute
commercial content on mailing lists move their lists to a different
domain.

  I will be updating the FLORA.org FAQ as part of this exercise.  The 'no
commercial content' seems to have only been implied, rather than stated
clearly, as part of "Who may put information up on FLORA.org, or make use
of the communications tools made available by FLORA.org?"
  http://www.flora.org/flora/faq.shtml

---
 Russell McOrmond, Internet Consultant: <http://www.flora.ca/> 
 Governance software that controls ICT, automates government policy, or
 electronically counts votes, shouldn't be bought any more than 
 politicians should be bought.  -- http://www.flora.ca/russell/

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