[pct-l] Plagiarism (Was: tips and tricks - problems.)

[dude at fastmail.ca (dude)]

I say post it and let the complainers hire a lawyer, pay the filing fee 
to file a suit, and waste hours upon hours of their valuable time, if 
they are serious.  Its not like anyone is making money from this, and 
certainly anyone filing a suit would have a very difficult time proving 
actual damages.  How is any person harmed by David's document?

If David doesnt want to post it, I would be happy to post it and 
whoever compains can have fun suing me.  I don't think that the 
economics of the case make it worth anyone's while to actually file a 
suit.  Besides, the damages of such a suit would very likely be a Cease 
and Disist order and the usual copyright remedy which is to pay the 
copyright holder 100% of all profits made from the violation.  well, 
you can guess how much that is. :-)

Alot of people will talk about jumping up and suing someone, but very 
few people will actually do it, especially if they do not have a 
limitless suppy of funding to support litigation.

peace,
dude
 


> At 05:07 PM 3/3/2004 -0700, SJ wrote:
>> I'd say to leave the information available, it all looks really
>> helpful.  If someone doesn't want their comments included in
>> someone's archive then they should explicitly state their desires on
>> reuse and copyrights when posting messages.  If they didn't mention
>> anything in the original post then it's too late to cry about it now.
>>  Litigious Americans make me sick.
> 
> There are problems with the above statements of which, everyone should
> be aware.
> 
>> "If someone doesn't want their comments included in someone's archive
>> then they should explicitly state their desires on reuse and
>> copyrights when
> posting
>> messages."
> 
> Copyright law does not work this way, in fact, it's the opposite.
> Since April 1, 1989, the U.S. has been following the Berne copyright
> convention. This means, in the USA and other nations, most works have
> implicit copyright protection whether you see a notice or not.
> Therefore, the correct action is to assume the work of others is
> protected under copyright law. This doesn't mean the author can't
> grant certain rights to individuals or everyone; they can. You simply
> cannot assume rights to other people's work you do not have. (My
> preferred way to grant other people rights to my work is under a
> creative commons license.)
> 
> There's a good reason for this. Copyright lawsuits are unlike most
> other cases. In copyright law, the burden of proof is on the accused,
> not the accuser. Here, the accused is the holder of the copyright.
> 
>> "If they didn't mention anything in the original post then it's too
>> late
> to cry
>> about it now."
> 
> Most lawyers would have us believe if we don't defend copyright, we
> loose rights to our work. However, this is false. Still, expect
> copyright holders to defend their rights if only because no one likes
> having their work borrowed or stolen without permission.
> 
>> "Litigious Americans make me sick."
> 
> You may think the posting of the information falls under fair use
> because the was for research. Fair use is an exemption to copyright
> allowing for research and education. David Tibor's work almost
> qualifies, but the point of fair use is to allow people to build on
> the works of others to express their own ideas and opinions. Fair use
> does not grant the permission to indiscriminantly copy and include the
> work of others and certainly not without attribution.
> 
> Though I appreciated what David was attempting to do, the bulk of the
> information is still available in the PCT-L archives. Some email lists
> have the text "Postings may not be re-printed in any form without the
> express consent of the author - Please respect their contributions" to
> prevent this kind of confusion and not limit rights.
> 
> References:
> 
> Copyright Myths by Brad Templeton -
> http://www.templetons.com/brad/copymyths.html
> United States Joins Bern Copyright Convention -
> http://www.lgu.com/publications/softcopy/7.shtml
> The Creative Commons License - http://creativecommons.org/
> The Book Arts Email List -
> http://palimpsest.stanford.edu/byform/mailing-lists/bookarts/index.sht
> ml
> 
> Tangent
> 
> 
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