Text 30929, 147 rader
Skriven 2006-06-03 13:51:40 av Ross Cassell (1:123/456)
  Kommentar till text 30926 av Michiel van der Vlist (2:280/5555)
Ärende: Pickled Pirates Propaganda
==================================
Hello Michiel!

03 Jun 06 16:52, you wrote to me:

 RC>> Not the same thing,

 MV> According to the laws in my country it is *exactly* the same thing. he
 MV> makes copies and distributes them without the copyright holder's
 MV> permission.

You lost distribution rights to your article the minute you asked for it to be
published in the Fidonews..

You are trying to separate "your article" from "The Fidonews", you cant in this
context. Your writing was part of the whole edition that week, it was not a
separate entity unto itself. Its not like your writing was a separate entity
posted on your web site and Shannon decided to repost it on his, nor was your
article stripped from that edition and the only thing Shannon posted.

If you wanted absolute control over your "writings" you need to choose the
venue of distribution better. The author of the Harry Potter books, she control
how her works get out by selecting who publishes it and how, too bad you
cannot.

If you write a letter to the editor of your local newspaper for publishing in
the op-ed section (not sure if you all have those freedoms), what you wrote are
still your words, but you lose control of the distribution of your words. You
cannot control when the editor publishes, nor can you control what its
readership does with any portion of the newspaper.

This is in effect what you did when you asked Felten to publish it.

If there is a case to be made, it would have to be the network membership
having issues with how Shannon posted an entire publication that belongs to or
is a part of it.

Solutions:

Get Fidonet to agree as a whole on how its publication known as "The Fidonews"
can be dessiminated.

Dont submit your writings to newsletters and newspapers.

 RC>> because your article was distributed within that weeks copy of
 RC>> Fidonews, freely downloadable on many BBS's or Fidonet sites.

 MV> Irrelevant.

Nope, youe position is irrelevant.

You lost control of distribution when you asked for it to be included in that
weeks Fidonews.

 RC>>  It was even published within the Fidonews echo, which is
 RC>> readable on many BBS's, even WEB based BBS's.

 MV> For which I gave permission.

How was this permission extended, I dont remember you saying I could or couldnt
do anything? Nor do I recall any public proclaimation on your part laying down
permissions and prohibitions.

 MV> I did *not* give permission to Shannon for publishing copies on his
 MV> web site.

Thats because your permission is implied via your submission of it to be
included in that weeks edition of the Fidonews. Shannons users could have still
read it verbatim inside this echo, or they could have downloaded it from his
file base. I used to make the Fidonews available as a bulletin on my BBS.

You have no case, your argument is lame.

 MV>  There is no need to argue this, there is plenty of
 MV> precedence. Publicing the content of a magazine on a website is a new
 MV> publication that requires renewed permission from the copyright
 MV> holder.

No its the same publication. What might be an issue is if Felten re-published
your article one or more times in later editions. Its the same edition,
especially if Shannon left the masthead and all other edition identifiers in
place, which he did and he does, I have been to his site.

To use the earlier example of writing a letter to the editor of your local
newspaper for publishing in the op-ed section, you cannot direct the newspaper
who not to deliver that edition to simply because your writing is included.

 MV> So Dutch law does not apply, it is US law that applies you say? Ok,
 MV> but then *Swedish* law applies to what Björn puts on his website,
 MV> *not* US law.

Dont divert here, we all know the Swedish govt is under the direct control of
the USA and MPAA and RIAA.

 RC>> Now if you raised such a stink about Shannon posting

 MV> I would never have done that if Shannon did not first make a stink
 MV> about what he found on Björn's website. What is sauce for the goose is
 MV> sauce for the gander. If he applies US law to Björn's website, than I
 MV> can apply Dutch law to my article on his website.

Not in this case.

I believe even a Dutch Judge would laugh your ass out of court, once it was
explained to him that you asked for the article to be published in a newsletter
for a hobbyist organization no less.

 RC>> then can you show me the _stink_ you made over it appearing on
 RC>> sensationcontent.com or _any_ other accessible BBS, Telnet, HTTP
 RC>> or otherwise?

 MV> I can not show you the stink against sensationcontent.com or any other
 MV> as there isn't one. There is no need. I am the sole owner of the
 MV> copyright of my articles and I can do with it as I damned well please.

You cant show no stink because you didnt go out and look there, in fact you
didnt even know about sensationcontent, until I told you. A Dutch Judge even if
you are right would laugh your ass out of court because you cant show who you
forbade and who you consented to in regards to your writings, I dont recall
getting consent to further distribute tht edition. So I did and you can wrap
your tiny little boy like hands into tinier little fists and pound them on your
desk in frustration and throw a little temper tantrum.

 MV> I do not have to be fair, I do not have to be just, I do not have to
 MV> be reasonable. I can give permmission to one and deny it to another. I
 MV> do not have to justify that.

Yet you cannot show who you gave permission to and who you did not.

 MV> That is.. all according to Dutch law.

Which I dont think you even understand that.

 MV> Dutch law does not apply to Shannon's web site you say? Very well,
 MV> then US law does not apply to Björn's website.

I didnt say Dutch law didnt apply, I dont think you understand the nature of
the fact that you surrendered distribution rights when you asked Bjorn to
_include_ it, within Fidonews.

==
Ross
Fidonet Feeds Or Fidonet In Your Newsreader! http://www.easternstar.info
Portal To My Personal Blogs And A Discussion Forum: http://www.cassell.us
Email: rcassell[at]gmail[dot]com
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 * Origin: The Eastern Star - Spartanburg, SC USA (1:123/456)