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At 06:05 PM 8/29/96 -0700, Joe Shea wrote:
>
>	Jeff's comment would mean that anyone who subscribes to AR -- a
>daily news publication delivered via email through a listserv -- would
>have the right to republish anything in AR, despite the copyright notice
>in every edition.  I think Sergio's note cuts to the heart of the matter. 
>Jeff is correct insofar as Usenet, I think, and may have a good case
>insofar as free mailing lists that don't carry a copyright notice. I
>generally regard all material on both systems that is not expressly
>copyrighted as material in the public domain, although I would not go
>further than "fair use" excerpting in republishing it.  I think the
>permission aspect with such non-copyright material of a non-personal
>nature is a matter of journalistic strategy, not ethics or law.  There are
>many ways in which speaking here as I am now is similar to speaking in
>open court.  It is freely available to everyone with minimal effort, and
>there is no exchange of value involved.  There are unwritten and written
>but unseen contracts with Steve, but I personally feel those are of
>dubious probative value.  I'm not sure as Sergio says that this
>planetary-news universe is sufficiently self-limiting to earn real copy-
>right protection.   Moreover, I don't think there's any case law out 
>there which says it is; to my knowledge, the copyright protections of
>authorship in cyberspace mailing lists have never been established.  

    And when it does, I expect that there will be a difference
between commercial material distributed by the same methods as
we raving lunatics use to gather around the water cooler.

Don


                       Doctor Don -- Internetist
~   ~   ~   ~   ~   ~   ~   ~   ~   ~   ~   ~   ~   ~   ~   ~   ~   ~ 
             Specializing in the diagnosis, prevention and
              treatment of Internet diseases and maladies.
	docdon@pobox.com			+1.757.877.4992
 ***         Member Virginia Peninsula Chamber of Commerce          ***

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