Text 31804, 111 rader
Skriven 2006-06-14 12:28:01 av Michiel van der Vlist (2:280/5555)
  Kommentar till text 31799 av SHANNON TALLEY (1:275/311)
Ärende: Pickled Pirates Prop
============================
Hello SHANNON.

14 Jun 06 05:56, you wrote to me:

 >> You assumption that the articles were not offered for free shows
 >> that you have not read or understood the proceedings of the court.
 >> They explicitly mention that the articles *are* offered to the
 >> public for free.

 ST> Not necessarily....

Yes, necesarilly. She claimed VNU charges for the articles on the websites.
They do not and this is mentioned in the court proceedings. Ergo: she did not
read or understand those court proceedings.

 ST> Although YOU like to remove the issue of monetary compensation, the
 ST> courts in your country have not done so in this case.

Can you read Dutch? Did you read the court proceedings?

 ST> Specifically, in this case, the "free" publication was for
 ST> marketing, and thusly (ultimately) end up making more money for the
 ST> commercial venture.

Possibly, yes they may have offered those articles for free on the website to
attract more customers to their paid services....

          *WWHHAAAMMM!!!*

That was the sound of the trap closing. Thank you for taking the bait.

I see that you are offering goods for sale on your website. You once offered me
a 10% (or was that 15%) discount, so you must be making some profit on it. So
your websiate is commercial. At least in part.

Could it be that by offering free material you are atrackting more vistors to
the commercial part of your website?

I don't think you would want to pursue this avenue in court. You *did* inform
the IRS of this source of income I take it?

 ST> There "is" money at the end of that rainbow and the plaintiff wanted
 ST> some.

Possibly.

 ST> As a result, your case about Fidonews is significantly different than
 ST> this case which justifies Janis' point.

No. he similarity is in the ruling that publishing on another website is a
"nieuwe openbaarmaking" that requires the renewed permission from the
contributing authors.

The fact that Mom wanted money for his permission and that I want something
else makes no relevant difference. Copyright here is not primarily about money.
It is about author's rights.

 >> With all due respect Janis: you are not qualified to judge.

 ST> You are not qualified to Judge either Michiel!  You are neither a
 ST> lawyer nor a judge.

My lawyer friends here - native Dutch speakers graduated from  Ducth
universities - *are* qualified.

 ST> Legal minds with expertise in your country's laws were consulted on
 ST> this case (specifically) and advised that you have a steaming pile of
 ST> cow dung.

Native American lawyers can not possible be *experts* on Dutch law. It takes a
degree from a Dutch university. I have told you that before.

 ST> You know this to be a fact, and this is why you won't bring it to
 ST> court.

I know that your lawyers claim I have no case. I reject it for the reasons
stated.

 >> Forget it Janis, your US interpretation of Dutch laws is wrong.

 ST> Michiel, if we assumed for just a moment that YOUR interprutation is
 ST> correct, then your country could NOT have magazines, newspapers, or
 ST> anything of the sort because EACH author of EVERY article would have
 ST> to approve for EVERY SINGLE PERSON to read his or her works.

No. That is the wrong interpretation. Everyone can read a legally distributed
magazine. This is about republishing, not reading.

What it means is that every website owner needs permission from the individual
authors when he publishes magazines or parts thereof on his website. Renewed
permission for each new website!

That is the key part of the ruling: *renewed* permission for each new website.

 ST> We KNOW that doesn't happen. I've been to your country and KNOW FOR A
 ST> FACT there are newspapers and magazines.

Of course there are. That is not what it is about and you know it.

 ST> Keep on...  Attack every Fidonet sysop in the world. You are
 ST> completely alienating your self from everything in Fidonet Michiel...!

You are the one who started this with your crusade against Björn. You started
it, you can end it....

Cheers,

Michiel

--- GoldED+/W32-MSVC 1.1.5-b20060315
 * Origin: http://www.vlist.org (2:280/5555)