Text 31979, 54 rader
Skriven 2006-06-15 19:22:19 av Roy Witt (1:1/22)
  Kommentar till text 31910 av Michiel van der Vlist (2:280/5555)
Ärende: Smoking Gun
===================
15 Jun 06 11:51, Michiel van der Vlist wrote to Roy Witt:

 MvdV> Hello Roy.

 MvdV> 14 Jun 06 19:44, you wrote to me:

 MvdV>>> Björn did not violate my rights. he published my article in the
 MvdV>>> Fidonews file echo, the fidonews echomail coference and his
 MvdV>>> website. All with my permsisson.

 RW>> Then why are you bitching about it to Shannon?

 MvdV> Because he is one of those violating my rights.

No he isn't.

 RW>> Publishing Fidonews and distributing it to the file echo is where
 RW>> the Felon went wrong.

 MvdV> No, that was within the agreed permission.

So then the BBS use and display of every other copy of that edition is ok
too...

 RW>> The Fidonews file echo is used by everyone who wishes to recieve a
 RW>> copy of the newsletter and display it on their BBS or
 RW>> website...quite within the law of any country

 MvdV> Not within the law of The Netherlands.

Dutch copyright law has been superceded by the EU laws on copyright. This
is what happens when a country joins such a union. There are federal laws
and those that used to be law in each country before it became a state,
are now null and void.

 MvdV> That syas it is a "nieuwe openbaarmaking" that requires the
 MvdV> author's renewed permission. Shannon does not have that permission.

Dutch law is null and void. Shannon doesn't need your permission.

 RW>>  and according to Fido policy.

 MvdV> Fido policy does not override the law.

No, but the law will deem it as an operating guideline and rule against
you in court. i.e. you knew what you were getting into when you released
your article for publication in a freely distributed, club newsletter.
You retain the copyrights to the article, but not how the newsletter
dismeinates it's publication, nor what the readers do with it.


Roy
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