Re: Freedom of Expression
Posted: Sat Oct 05, 2002 12:03 am
I'm going to ignore much of this because it is none of my business.
What I want to comment on, based on being an originator of original content and as a one time part owner of a small on-line publishing company and having to defend my clients works, is the legality of publishing an e-mail.
Not only is the publishing of an e-mail sent to you a breach of the implied confidentiality and privacy of the communication, it is also a breach of actual law in most countries that are signatories to the Berne Convention (often referred to as the copyright treaty).
Publishing a private e-mail (which even though you are the recipient, you do not have the legal right to publish in most instances) also breaks a bond of trust between the two parties
In this instance a private e-mail was made public as an actual word for word quote. This is not legal in most of the civilized world. Paraphrasing it might be OK, quoting very short chunks of it might be OK, quoting the whole thing is not.
I would expect and hope that an "author" would have enough understanding of the law that protects them (and others) to know that.
When a client would come to me for assistance in publishing something on-line I would first make damned sure they understood what was necessary to understand about international copyright law. Once I was assured they understood how it worked for themselves and others, I would publish and fight for their rights (yes, I've killed other websites that played fast and loose with copyrights held by myself or clients).
To make it brief (I know, I know, it's too late for that): If you didn't write it or draw it or photograph it, don't publish it unless you have specific permission from the owner of the copyright. For e-mail, that's the originator.
As a last note, "freedom of expression" is only in reference to the government not censoring most utterances, and does not apply at all to decisions by private individuals to permit or not permit others to use their property (web site in this instance) to publish anything. Period.
I'll shut up now and crawl back into my cave, but I will leave you with something to look at and bookmark: 10 Myths of Copyright (http://www.templetons.com/brad/copymyths.html)
http://home.earthlink.net/~zip98498/tomsig01.gif
P.S. Yes, I am known as an anal-retentive pain-in-the-ass. Why do you ask? :p
T
What I want to comment on, based on being an originator of original content and as a one time part owner of a small on-line publishing company and having to defend my clients works, is the legality of publishing an e-mail.
Not only is the publishing of an e-mail sent to you a breach of the implied confidentiality and privacy of the communication, it is also a breach of actual law in most countries that are signatories to the Berne Convention (often referred to as the copyright treaty).
Publishing a private e-mail (which even though you are the recipient, you do not have the legal right to publish in most instances) also breaks a bond of trust between the two parties
In this instance a private e-mail was made public as an actual word for word quote. This is not legal in most of the civilized world. Paraphrasing it might be OK, quoting very short chunks of it might be OK, quoting the whole thing is not.
I would expect and hope that an "author" would have enough understanding of the law that protects them (and others) to know that.
When a client would come to me for assistance in publishing something on-line I would first make damned sure they understood what was necessary to understand about international copyright law. Once I was assured they understood how it worked for themselves and others, I would publish and fight for their rights (yes, I've killed other websites that played fast and loose with copyrights held by myself or clients).
To make it brief (I know, I know, it's too late for that): If you didn't write it or draw it or photograph it, don't publish it unless you have specific permission from the owner of the copyright. For e-mail, that's the originator.
As a last note, "freedom of expression" is only in reference to the government not censoring most utterances, and does not apply at all to decisions by private individuals to permit or not permit others to use their property (web site in this instance) to publish anything. Period.
I'll shut up now and crawl back into my cave, but I will leave you with something to look at and bookmark: 10 Myths of Copyright (http://www.templetons.com/brad/copymyths.html)
http://home.earthlink.net/~zip98498/tomsig01.gif
P.S. Yes, I am known as an anal-retentive pain-in-the-ass. Why do you ask? :p
T