Text 6564, 94 rader
Skriven 2005-03-09 12:29:01 av Michiel van der Vlist (2:280/5555)
   Kommentar till text 6515 av Janis Kracht (1:261/38)
Ärende: You are violating my copyright
======================================
Hello Janis,

09 Mar 2005 03:33, Janis Kracht wrote to Michiel Van Der Vlist:

 >>> And, if I refuse, you will contact the U.S. copyright office?

 >> Yes.

 JK> Ok.. I'll tell you.. because you are too hardheaded to see.. the US 
 JK> Copyright office does no MORE that register copyrights..

Well, they do a bit more than that. They also provide information. LOTS of
information. 

 JK> they do not fight it out for you..

Yes, that I found out too in the meantime. It seems Thom LaCosta put me on the
wrong foot when he suggested I contact them, Typical of him. Indeed, it is not
a law enforcement agency.

 JK> you will have to contact and most likely (like Shannon) pay for a legal 
 JK> counsel to repesent your interests

And that of course makes a farce of the Berne Convention. Small time authors
not residing in the US like me have no practical way of getting their rights in
the US protected. Only big firms that can draw from a pool of lawyers can.

Well, why am I not surprised. :-(
  
 JK> (if anyone will take you on :) )

I have never heard of a lawyer that would not take my money.

 >>> This sounds like "blackmail and extortion" Michiel...

 >> No, I am just standing up for my copyrights.

 JK> No, you do not have a right to control the where, when, or how this 
 JK> article is published.

You are wrong.

 JK> It's a fact.. check it out with YOUR lawyer if 
 JK> you don't beleive it Michiel ... :)

My lawyer won't be very helpfull. I would need a lawyer that knows US law...

 JK> You gave that up when you submitted the article to FIDONEWS.

No, I didn't. Individual authors retain their rights.

 >>> You do whatever you believe to be necessary.  I have a personal
 >>> policy against negotiating with the extortionists.
 >> I think it would be wise for you to tone down. After all you are the
 >> purpetrator here. Adding libel does you no good.

 JK> What you are doing is indeed extortioning...sad...:( worse yet for 
 JK> the rest of us :(

You can read my mind? You already know the terms to get my permission?

 >> No, just pointing out the consequences of your copyright infringements.

 JK> Please read the basis under which you are now responsible since you 
 JK> gave up some rights when you submitted your article :)

I did not give upo the right to tell who may republish.

 >>> Let me ask the group this question; Is this the kind of good honest
 >>> hard working sysop you guys want in Fidonet?

 >> Indeed. Is someone who has no respect for a fellow sysop's copyright 
 >> someone you want in FidoNet?

 JK> Oh give me a break! if you continue in this, no one... let me repeat 
 JK> this for the hard-headed among us -  none of us will be able to make 
 JK> FIDONEWS available for download :( Anywhere..

All that is needed is the copyright holder's permission...

 >> I have plenty of legal ground. Your only defence is "fair use" and that 
 >> does not cover copying complete magazines in toto.

 JK> Guess again..

Go to the site of the US copyright office and downlaod a document called
circ21.pfd. It will give you plenty of guidelines to determine what is fair use
and what is not.


Cheers, Michiel

--- Msged 6.0.1
 * Origin: Thou shalt not go faster than light. (2:280/5555)