To: "S. Finer" 
cc: Mark Loundy , Marganne@aol.com,
        online-news@marketplace.com
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On Sat, 10 Jun 1995, S. Finer wrote:

> If, for the sake of argument, many people on this list scanned in their
> favorite copyrighted articles on a daily basis, the list would be more
> valuable, but I would agree, real economic harm would result.  So where 
> does that leave us?  Occasional slips do not matter much, but a policy of 
> encouraging black-market copies would be evil..... 
> 

If the article posted on this list was copyrighted, and then someone
reposts it or gateways to the Usenet groups, and then those wind up on
something like InfoSeek or CDROM's, there could ultimately be a "for
profit" duplication of a copyrighted work with zero consent (implied
license) from the holder of the copyright. How would you feel if you were
the Times?  How would you feel if you've finished college as a starving
but creative young whipper-snapper-writer with a degree in
something-r-other brainskills and want to write for profit via the Net....
as a little guy? 

It is not my list to make policy for. But it seems that there is a 
definite, yet vaguely outlined path to follow called "fair use." People 
know or can learn it. 

Additionally, there is the issue of theorhetical vs. actual risk of 
litigation. If the NY Times wishes to sue for infringement in respect of 
that article, they need to expend cash for attorney fees, court costs, 
expert witnesses, depositions, and some of their executive's time in a 
case which might take one or two years... more if appealed.

Will they?  Part of their decision depends upon whether they're entitled
to all attorney fees and costs plus reasonable damages if they later win. 
Can they collect all that from the poster if he's a poor writer?  Most
plaintiff's ask that question, as do their attorneys, before filing suit. 

Maybe they'd sue to make a public example of their willingness to 
preserve their copyrights. I don't know.

Presumably, the list's moderator is in a position to maintain policies,
and enforce them. This is a separate type of regulation. But then the
moderator's greater involvement may increase liability for him/her too
(ala Prodigy) in the manner of counter-suits, cross-claims between
defendants, etc. A person who picks a fight may wind up wrestling with
five or six sets of plaintiffs and defendants and their attorneys,
without expecting to up front. 

This is the wild west. I guess the American wild west had such a great 
time with the first go 'round that it has reincarnated again as "the Net."





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