Text 30939, 150 rader
Skriven 2006-06-03 20:20:30 av Ross Cassell (1:123/456)
  Kommentar till text 30937 av Michiel van der Vlist (2:280/5555)
Ärende: Pickled Pirates Propaganda
==================================
Hello Michiel!

04 Jun 06 00:25, you wrote to me:

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

 MV> You still don't get it do you? You still do not understand that Dutch
 MV> law is different from US law. Under Dutch law I do NOT lose my
 MV> distribution rights when I submit an article to a magazine. In Dutch
 MV> law copyright and distribution right is one and the same.

Then Dutch Law is fugged up, because you cannot control distribution or supply
chain.

Do you control who Bjorn distributes it to, do you control me.. ( dont answer
that, you should know that answer all too well)

 RC>> If you write a letter to the editor of your local newspaper for
 RC>> publishing in the op-ed section (not sure if you all have those
 RC>> freedoms), what you wrote are still your words, but you lose
 RC>> control of the distribution of your words.

 MV> NO! What do I have to do to make you understand that under Dutch law I
 MV> do NOT surrender my copy- and distribution rights by submitting that
 MV> letter?

Yes you do because you have no control as to how the newspaper distributes its
publication, nor can you control who can or cannot subscribe to the
publication..

 RC>> You cannot control when the editor publishes, nor can you control
 RC>> what its readership does with any portion of the newspaper.

 MV> Yes I can. As I said, it is no use arguing this, there is LOTS of
 MV> precendence.

Ok tell me how you can dictate distribution?

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

 MV> NO, NO NO!!!!

YES YES YES!!

 MV> GET IT THROUGH YOUR THICK SKULL, Dutch law is different!!!

There aint no such thing as dutch law.

 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.

 RC>> How was this permission extended,

 MV> In a private communiction between me and Björn.


Thats a gimme, because you sent hin the article and asked him to publish it.

Now what did you tell Bjorn about what happens after he hatched it?

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

 RC>> Thats because your permission is implied via your submission of
 RC>> it to be included in that weeks edition of the Fidonews.

 MV> Sigh... No, the permission is not implied. Not under Dutch law.

What is the Fidonews for?

 RC>> You have no case, your argument is lame.

 MV> I have a case. Tons of precendent...

Despite your stammering about Dutch law, there still wouldlie the question of
you submitting your article to a Swede.

Gotta love this international shit.


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

 MV> That shows you know nothing about Dutch copyright law.

Dont have to, there is none.

 RC>> You cant show no stink because you didnt go out and look there,
 RC>> in fact you didnt even know about sensationcontent, until I told
 RC>> you.

 MV> Assuming I did indeed not know about it until you told me: So what?

You cannot claim Shannon has damaged you because your article has appeared
without your knowledge elsewhere, w/o you doing the homework.

 RC>> I dont recall getting consent to further distribute tht edition.

 MV> Then you do not have permission to republish, simple as that.

 MV> Note: there is a difFerence between being part of an existing
 MV> publication and republication. Passing on the files in the fidonews
 MV> file echo and passing on the messages in the fidonews echo as hatched
 MV> by Björn is partaking in an existing distributIon. MAking copies and
 MV> putting them on your website is e *new* distribution or a
 MV> redistribution for which renewed permission is required.

He posts the editions as he receives them, unaltered.

 RC>> So I did and you can wrap your tiny little boy like hands into
 RC>> tinier little fists and pound them on your desk in frustration
 RC>> and throw a little temper tantrum.

 MV> The fact that under *US* law I do not have a leg to stand on, does not
 MV> mean that I do not have a case under Dutch law. Under Dutch law I have
 MV> a case. As I said: plenty or precedent.

I'll remember that and will never venture into your third world country.

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

 MV> No need. The burden of proof is on the accused.

Guilty until proven innocent? Yeah Dutch Law alright..

ROFL!

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

 MV> And I don't think, no I am *sure* that you do not understand that
 MV> Dutch law is different from US law.

rrrrrrright.

==
Ross
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