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Re: [nafex] copyright & "terms of use"



On 13 Dec 2000, at 12:18, prcenter@webtv.net wrote:

> 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).

I won''t argue the details of this legalistic discussion, but people 
might wish to consider if unlimited forwarding accomplishes the 
objective of distributing the maximal amount of useful information.  

There are people on this list who desire NOT to have their posts 
forwarded, reproduced or otherwise used OUTSIDE of this list.  If 
unlimited distribution and forwarding is forced down their throats, 
they may very well decline or limit their posts to this list.  I don't see 
how this facilitates dissemination of information.

Again I would ask that people respect the wishes of those who 
made it known that they do not want their posts forwarded.

Most people on the list probably don't care if their messages are 
forwarded, and some might find it tedious to be consulted before 
having a message forwarded.  Consider that one way to notify 
(and appropriately THANK them for their contribution is to carbon 
copy them with a brief note (e.g., "I found your comment on 
XXXXXX interesting and forwarded it to YYYYYY.  Thanks for 
your great post, let me know if prefer not to have your messages 
forwarded.")  Anyone who could care less can read and delete 
your message, those who have strong feelings against forwarding 
can let you know. 

I think a careful reading of the egroups rule regarding copyright 
waiver applies specifically to use BY MEMBERS OF THIS LIST.  I 
don't agree that by posting to this list that copyright is tossed to the 
wind.

Egroups is authorized "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."  It isn't 
apparent to me that my personal use includes forwarding any and 
all messages to the four corners of the world.

> --------------------------------------- egroups" 11. CONTENT
> POSTED ON THE SERVICE 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." -------------------------------

BTW, the company's copyright policy basically allows a grievance 
process for original authors when copyrighted material is posted to 
an egroups list.

How about getting back to more important matters?

Greg Miller

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