Text 28787, 90 rader
Skriven 2015-10-20 13:22:01 av Michiel van der Vlist (2:280/5555)
     Kommentar till en text av Janis Kracht (1:261/38.0)
Ärende: Saboteur of Fidonews
============================
Hello Janis,

On Monday October 19 2015 11:34, you wrote to me:

 >>>> So file a complaint and see how far it gets.

 >>> No thanks. Not my cup of tea.

 >> Then retract the accusation that I violate policy.

 JK> No, I won't.

Then file the complaint. Put up or shut up.

 JK> You certainly do violate policy in claiming Fidonews may not be sent
 JK> out to others via email or any method the sender cares to use.

I violate policy by "making a claim"? Hmmm... interesting concept...

 >> be a lawyer to know that distributing copies of someone else's work
 >> without permission is a violation of copyright.

 JK> Not in this case.  Members of Fidonet are _encouraged_ to send
 JK> Fidonews out to others.  Don't like it?  Quit your membership in
 JK> fidonet :)

One can not legalise something by encouraging club members to engage in the
illegal activity. If sex with minors is illegal, it does not become legal by
founding a club and writing in the club rules that members are encouraged to
have sex with minors.

 >> Plus that contrary to the other cases mentioned, you can't get away by
 >> claiming you are not an expert in the matter. Ignorance is no excuse
 >> for violating the law.

 JK> There is no law I violate here.

Denial is not a riverin Egypt. I would not be so sure if I were you. By your
own words you are not a lawyer. Perhaps you should consult one. I am not a
lawyer either, but I have two of them in my close family and over half a dozen
in my inner circle. More relevant, I have studied what lawyers and courts had
to say on the matter of opening a new channel of distributing copyright
protected material. There is no doubt whatsoever that what you are doing with
Fidonews is a violation of copyright in my country. And probably in many other
countries all over the world.

Violating copyright is a criminal offence. Encouraging people to commit a
criminal offence is a criminal offence in itself.

 >>> As a member of Fidonet however I choose to abide by Fido's policy.

 >> So you knowingly and willingly follow the rules of an organsation
 >> that encourages people to commit copyright violations....

 JK> You are one sad cookie... about to crumble :)

Shooting the messenger won't make the message go away.

 >> I would not go that route if I were you. Some smart ass lawyer might
 >> argue tha Fidonet is a criminal organisation. I would not want to be
 >> the leader of that organisation when it comes to court...

 JK> You hold an office in Fidonet Mr. van der Vlist.. You probably send
 JK> out the fidonews echo to many many people which also transports weekly
 JK> issues of FIDONEWS.  Yes, perhaps you _should_ quit fidonet to make
 JK> sure you don't get sued.

Sure, I make Fidonews available. Via the channels that originate at the desk of
the Fidonews editor. I do not open up new channels without permission. I also
do not encourage others to distribute Fidonews in any other way. I observee the
law.

 >> And clubs that encourage its members to violate the law are legal in
 >> the US?

 JK> Stop making me laugh :)

You can laugh or put your head in the sand but that won't make the problem go
away. By your interpretation of P4, there IS a prolem.

This is another issue where the writers of P4 goofed up. They encouraged *Cs to
make Fidonews available, but they neglected to mention that *cs should make
sure they do it in a way that does not violate the copyright laws of their
country.


Cheers, Michiel

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