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[nafex] copyright & "terms of use"

I would like to poit out the flipsde of the argument regarding the notice in POMONA.

"Articles in this Pomona ... may be reprinted by NAFEX and others if credit is given to the author and POMONA unless othrewise stated in the preamble of the aricle, in which case written permission must be obtained from the author."
(recently ammended version)

I see only one article in the most recent POMONA that has chosen to use copyright.

I would like to point out that this statement, rather than "holding no force" as aledged by some is actually a very clear and concise PUBLIC LEGAL DOCUMENT and a CONTRACT between NAFEX mambers and contributors to POMONA.

Under this CONTRACT which trumps and superceeds any given or impled copyright protection ANYONE canreprint POMONA (possibly excluding those recently published articles that have chosen to afford themselves of independent copyright protection).

As a member of nafex I expect this contract to be upheld. If I contribute an article I expect that its free distribution will not be hampered or my right to have it distributed contested.

This is very similar to the e-groups "USER AGREEMENT" which we all are obligated to abide with... regardless of wheather we are aware of its content. This allows all of our e-mail contributions to this list to be freely distributed, copied, duplicated and sent to everyone else.

Anyone posting here has effectively thrown any copyright protection to the wind... unless they include an explicit copyright notice or symbol with each post. Otherwise this list could not perform its own function.

Similarly the function of NAFEX generally agreed to and acknowledged by its members and by contrbutors to POMONA is the free distribution of information and educational material.

Nafex is FORBIDDEN under the USER AGREEMENT "no resale of service" to tack any "membership fee" obligation onto access to this list.

Further by posting on this list you have effectively transfered copyright to e-list allowing them to freely distribute your post to ther members... according to the general purpose and intent of the combined members of this list and e-groups... just as submissions to POMONA effectively transfer copyright to NAFEX (unless otherwise noted)
--------------------------------------- egroups"
You agree that upon posting any material within a group on the Service, you grant eGroups, and its successors and assigns, a non-exclusive worldwide, royalty free, perpetual, non-revocable license under your copyrights or other intellectual property rights, if any, in such material to distribute, display, and reproduce such material to other members of that group. You also grant eGroups the right to authorize the downloading and printing in whole or in part of any material that you have posted to a group on the Service, by members for their personal use. You agree to take whatever action necessary to protect your own intellectual property rights in such Content, including without limitation the posting of appropriate copyright notices. Please refer to the Company's Copyright Policy for further information on the enforcement of intellectual property rights."
If anything I think the NAFFEX "User Agreement" is even more forceful and explicit in that it goes on to include not only NAFEX members but also "OTHERS" without limitation.

This policy, according to the intent and purpose of POMONA and NAFEX, its members and contributors, to freely distribute material... constitutes a contract that superceeds any copyright or intelectual property rights otherwise afforded or automaically granted as general protection.


Tom Booth

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