Text 6451, 136 rader
Skriven 2005-03-08 11:45:03 av Michiel van der Vlist (2:280/5555)
   Kommentar till text 6402 av SHANNON TALLEY (1:275/311)
Ärende: You are violating my copyright
======================================
Hello SHANNON,

07 Mar 2005 13:13, SHANNON TALLEY wrote to MICHIEL VAN DER VLIST:

 ST> Taken from the same site you read; Fair use makes copyrighted work 
 ST> available to the public as raw material without the need for permission 
 ST> or clearance, so long as such free usage serves the purpose of copyright 
 ST> law, which the U.S. Constitution defines as the promotion of "the 
 ST> Progress of Science and useful Arts" (I.1.8), better than the legal 
 ST> enforcement of claims of

  === cut ===

You qoute the relevant sections of the law but you do not say HOW the
provisions are fullfiled. 

 ST> infringement. The doctrine hereby attempts to balance the interests 
 ST> of individual copyright holders with the social or cultural benefits 
 ST> that follow from the creation and distribution of derivative works. 

So what are the cultural benefits and how do they balance the total disregard
of my copyright?

 ST> FidoTel promotes the (loosely structured) non-profit Fidonet 
 ST> organization by making available all issues of Fidonews to the
 ST> public via HTML & FTP for educational and news reporting purposes,

Björn's site promotes the appriciation of female beauty by making Playboy
centrefolds abailable for educational en news reporting purpose.

 ST> in accordance with Policy 4

Read again. Your only obligation is to make it available to the nodes in your
net. In any case P4 does not override copyright laws. P4 can never be an excuse
for a copyright violation.

 ST> and U.S. copyright laws.

The US has signed the Bern Convention. If US copyright law allows the copying
*in toto* of articles without the permission of the author under the excuse of
"fair use" it is in disaccord with international agreements.

I can not believe that and therefore I do not believe that US law allows what
you are doing.

 >> every article in the Snooze. You have not doen thois for the purpose of
 >> eductation or critisims or whatever, you have just copied it. That can 
 >> never be fair use. If that is fair use than coying and offering for 
 >> downloiading an entire movie is too.

 ST> Wrong.. See above.  That is the whole point of the Fidonews website.

Then I can make a website to promote female beauty and it would be allright to
display Playboy centrefolds for educational purposes.

 >> Anyway the burden of proof that you are making "fair use" is on you:

 ST> And -- I already have made my case.

You have just been quoting articles. You have failed to convince me that the
conditions that relate to fair use are fulfilled. I don't think you can. 

 >> Because paying a royalty fee may be much less expensive than having a 
 >> potential copyright suit threaten the publication of a completed work in 
 >> which a publisher has invested significant resources, many authors may seek

 >> a license even for uses that copyright law ostensibly permits without 
 >> liability.

 ST> Is your intention to attempt to extort money from me for helping 
 ST> Fidonet out by making these copies available to other nodes and
 ST> people on the internet?

All that I want is that you respect my copyright that is granted to me by
national laws and international agreements. 

I have not asked money from you, all I asked was that you remove the articles
from your website. 

However... if you wish to negotiate for my permission to republish my articles
I am willing to listen to you.

 >> >> You are doing the exact same thing as what you accuse Bj"rn Felten 
 >> >> of. That makes you a bigot and a hypocrite.

 ST> I don't provide illegal copyrighted software on the internet.  Big 
 ST> difference....

Yes you do. You obtained unauthorised copies of my articles and published them
on your webside without my permission. Exactly the same as what you are
accusing Björn of.

The only differnce is that what Björn does is not illegal in Sweden, but what
you do is illegal in the US.

 ST> By the way --- in order for you to pursue this, you will have to 
 ST> pursue every site that publishes every fidonews edition via
 ST> every method.

Why? 

Why must I go after each and every violation at once? I have to start somewhere
do I? 

 ST> You can't just go after "1" person, you have to go after everyone 
 ST> equally.

Why? What article in law or moral says I have to treat everyone eqally? The
right to grant permission to publish my articles is mine and mine only. There
is no law that says when I grant permission to some, I must grant permission to
all. 

 ST> You'll have to hunt down every BBS, website, and FTP site in the 
 ST> world. Then -- after you compile that list, you will have to hire an 
 ST> attorney, come here to the United States, and make your case in court.

Nonsence. 

 ST> That's just the beginning...

What I sense here is: "I do not wish to respect your copyright because I think
there is nothing you can do about it."
   
Well, we will see.

In the meantime I will give you one more chance to resolve this peacefully.
Please remove all my articles from your website within 48 hours. That is before
March 10 2005, 11:15 UTC.   

Thank you for your cooperation.


Cheers, Michiel

--- Msged 6.0.1
 * Origin: Woolum nastatium percolum hazip. (2:280/5555)