From: Mac Legrandi (juicebox@my-deja.com)
Date: 03/04/01-02:37:59 AM Z
('binary' encoding is not supported, stored as-is)
Hello!
Just a note regarding a copyright violation. A mere copy is not a violation. In fact regarding the net. It is assumed, that if text, graphics or images are posted on a site open to the general public, there is a limited grant to copy the material. One must only look in your browser's cache folder and you will fine that all images and HTML are downloaded (or copied) to your computer.
Unlike a book which can be read with out copying. it is not possible to view HTML or Images from the net with copying. The question of a violation is what is done with this material after it is copied. It can't be sold. Can it be sent to a friend on the internet? I would say so as long as that person would have a reasonable expectation to have access to the original material.
We are now getting into an area of limited grant of the right to copy. In this case, it is assumed by the internet copyright holder that this is a limited time grant. i.e. most browsers purge their caches in a very short period. Likewise one can argue that if material is later removed from the internet and no longer made publicly accessible that any previous limited time grant would be expired. This is a gray area since some information from the web can be printed. The fact that every browser has such ability to print, or COPY, also brings up the fact many people will print out information or images found on the web for later use. I believe this is also not a violation if used for personal use.
In conclusion, the mere copying of material from the web is NOT a violation of copyright law. There is also an element of law that such a transaction of a grant requires some sort of consideration. One could assert that by placing images or text of general or specific interest on the internet, the publisher is generating traffic to their site. Whether or not the site derives income from banners or hits, it is generally accepted HITs or traffic does have a value.
An example would be our alt-photo list. We attract members by offering information publicly. As more people join, we are more likely to add value to the information distributed from this e-mail. By posting we are granting at least a limited grant to copy. Most of us have local copies of these messages. have a nice folder of very valuable information from this list.
In any event, copyright is a very complicated area. The laws are very much behind the technology. If literal application of some of the newer untested laws were applied, I think we all my be in violation for something.
mac legrandi
>Date: Sun, 04 Mar 2001 00:03:01 -0700
>From: Dave Rose <photo@wir.net>
>Subject: Copyright Law Violation - was Re: book
>To: alt-photo-process-l@skyway.usask.ca
>Reply-to: alt-photo-process-l@skyway.usask.ca
>
>----- Original Message -----
>From: "Luc Novovitch" <luc@overland.net>
>To: <alt-photo-process-l@sask.usask.ca>
>Sent: Saturday, March 03, 2001 5:27 PM
>Subject: Re: book
>
>
>> on 3/3/01 10:08, Katharine Thayer at kthayer@pacifier.com wrote:
>>
>> > putting something on the internet does not place it in the public
>> > domain; copyright laws apply here as well as anywhere else.
>>
>> You're right. But how are you going to enforce the copyright? Putting
>> something on the net is opening the door for copyright infringements. It's
>a
>> simple fact. I experienced it with my gallery's web site. People copy
>> pictures at screen resolution, without bothering to ask. It's the net.
>>
>
>And if I leave my door unlocked I should expect my house to be
>burglarized.... and just accept it because it was easy for the thief to
>commit the crime? Sorry, I don't buy that argument. Stealing is stealing
>no matter how easy the internet makes it for thieves.
>
>Is theft on the internet a hopeless situation? No way! The RIAA is making
>every effort to enforce copyright laws, and with luck, Napster will be
>forced to shut down soon. It is possible to enforce the law.
>
>Luc, if someone is stealing your photos, let the entire world know about it!
>Post a link to the offender's website to this list. Include the thief's
>email address. I for one will send a threatening email to the thief.
>Whether it's a million lowlifes burning 'free' Metallica CDs via Napster, or
>some criminal stealing photos from websites, this kind of thievery must be
>combatted.
>
>Best regards,
>Dave Rose AKA Cactus Cowboy
>Big Wonderful Wyoming
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