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<br><font size=2 face="sans-serif">thanks for reminding us all that we
are not lawyers! this is a place for free expression and if anyone
reading the copyright responses thought otherwise and thereafter used the
information to proceed forward in their online posting management of his/her
site without consulting with a REAL lawyer, then that is because of his/her
own stupidity.</font>
<br>
<br><font size=2 face="sans-serif">this group can get real annoying sometimes
with all of the know-it-all ego personalities. so, chill out!</font>
<br>
<br><font size=2 face="sans-serif">later taters!</font>
<br>
<br>
<br><font size=2 face="sans-serif">James Riley</font>
<br>
<br>
<br>
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<td width=40%><font size=1 face="sans-serif"><b>Jonathan Hutchins <hutchins@tarcanfel.org></b>
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<br><font size=1 face="sans-serif">Sent by: kclug-bounces@kclug.org</font>
<p><font size=1 face="sans-serif">06/14/2005 10:32 PM</font>
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<div align=right><font size=1 face="sans-serif">To</font></div>
<td valign=top><font size=1 face="sans-serif">kclug@kclug.org</font>
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<div align=right><font size=1 face="sans-serif">cc</font></div>
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<div align=right><font size=1 face="sans-serif">Subject</font></div>
<td valign=top><font size=1 face="sans-serif">Re: Somewhat OT: copyright
question</font></table>
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<br><font size=2><tt>Ok, guys, throwing case citations around is not lawyering,
and has nothing to <br>
do with rendering a legal opinion such as whether you might be liable for
<br>
something. All you've done is prove that none of you are lawyers.<br>
<br>
The law is a living, evolving thing. Properly done, an argument such
as this <br>
one would consist of a series of citations illustrating various conclusions.
<br>
A well made argument would include citations which appeared to find against
<br>
the point, with explanation of how they fail to be conclusive.<br>
<br>
The law regarding copyright material posted on BBSs, when shutch dial-up
<br>
beasts were common, evolved from ignorance and obscurity to lawsuit <br>
happiness, to reasonable and civil regulation. (Sound familiar?) <br>
<br>
Initially, there were rogue findings against the operators, but it was
<br>
eventually established, in large part through suits against AOL, that the
<br>
Operators were not labile, provided they a) took reasonable precautions
such <br>
as requiring a click-through notice not to post, b) removed offending <br>
material when notified, and usually c) provided information assisting the
<br>
persecution - er, prosecution - of the actual "offender", the
person who <br>
posted the material.<br>
<br>
Post internet cases have generally supported this trend, although things
are <br>
still falling out. The carrier or host is not generally liable, especially
<br>
if he co-operates with the prosecution of the original poster.<br>
<br>
There is an even older body of law that has yet to really be applied to
<br>
digital work, which distinguishes between the imaginary harm of a "lost
sale" <br>
caused by a copy being provided for free, and a competitive sale made by
<br>
someone of a copy obtained through means outside the normal distribution
<br>
channels. The latter is the only ligitimate instance where real damage
can <br>
be claimed, except in extremely unusual circumstances. Unfortunately,
a lot <br>
of people are going to either settle out of court or loose before the courts
<br>
recall this basic principle.<br>
<br>
<br>
As a former BBS operator who's done this, I suggest that you do the following
<br>
if you're concerned that you may be placed in danger of being accused of
<br>
harboring pirated property:<br>
<br>
1) Create a policy that states a) how you will ensure that you have informed
<br>
your clients or customers that you do not allow copyright infringement,
b) <br>
what you will do with alleged infringing material) what action you will
take <br>
against anyone posting such material, and d) what degree of cooperation
you <br>
will provide the claimant/prosecutors. <br>
<br>
2) Hire/retain/PAY a real lawyer to review that policy, and to provide
you <br>
with his written opinion of whether it's adequate. Get an actual
IP lawyer <br>
to do this - there are several good ones in town, besides some of the biggest
<br>
names in the trade having offices here. I believe Shook, Hardy, and
Bacon do <br>
this.<br>
<br>
If you decide you want to make a stand for what's right, rather than just
<br>
expediently CYA, decide how you'll handle it and place the lawyer on <br>
retainer.<br>
<br>
One of the tricksy bits here is what standard you require for a claim of
<br>
infringement. It's safest to take things down the minute you are
informed of <br>
a claim, but you can end up looking pretty stupid if it turns out the <br>
materiel is being posted by the actual copyright holder. <br>
_______________________________________________<br>
Kclug mailing list<br>
Kclug@kclug.org<br>
http://kclug.org/mailman/listinfo/kclug<br>
</tt></font>
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