Text 28813, 123 rader
Skriven 2015-10-21 03:55:25 av Lee Lofaso (2:203/2)
  Kommentar till text 28787 av Michiel van der Vlist (2:280/5555)
Ärende: Saboteur of Fidonews
============================
Hello Michiel,

 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 :)

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

Japan has no age of consent.  Their culture decides what is
acceptable and what is not acceptable.  Eric Renfo can explain
this concept to you in much greater detail than I can, as his
wife is Japanese.

Louisiana has a children's court, in which children are allowed
to marry (children marrying children).  This is a tradition that
stems from our Cajun culture, which, oh much too hard to explain.

 >>> 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.

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

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

While copyright infringement may not land one in jail, it could
very well get one sued.  And depending on damages awarded, it could
be quite substantial.

 >>>> 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 :)

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

But it makes one feel so self-important!

 >>> 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.

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

That is exactly right.  I am somewhat guilty in regards to copyright,
as are most people.  And there are certain gray areas, especially in
regards to what qualifies as fair use.  But by and large we all know
what is and what is not acceptable.

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

 JK>> Stop making me laugh :)

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

When people break the law, the general rule is this.

Men are inherently bad and should go to prison.  Women have
mental health issues and need help.

Men's badness is a product of their genes about which nothing
can be done.  Women's badness is a product of their environment;
about which plenty can be done.

http://www.angryharry.com/index.html

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

The USA became a member of the Berne Convention on March 1, 1989.
The USA has been a member of the UCC since September 16, 1955.
Canada had become a member of both long before then.

When was P4 passed and ratified?  Not that it matters.   As of
March 1, 1989 the USA had joined the rest of the world in following
the Berne Convention.

Kinda nice the USA, Canada, Netherlands, Belgium, Sweden,
Germany, and most nations of the world, all being on the same
page.  :)

--Lee

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