What of fair use, you might say? Well, some argue it has largely been abolished, especially as courts have said that non-profits can be considered commercial entrprises through fundraising in cases of copyright infringement that serves such purposes. In the case of LBO, it could be argued that the whole LBO list is a sophisticated advertising endeavor by Doug to sell copies of the print LBO; thus all the copyrighted materials serve his financial self-interest and has no fair use protection.
Of course, linking can follow the same argument, so the reductio argument is that all use of materials, whether articles or links, can happen only at the discretion of the original copyright holder.
Being a public forum actually has little bearing on the issue, except that the economic loss could potentially be larger to the copyright holder.
Nathan Newman nathan at newman.org http://www.nathannewman.org http://www.nathannewman.org/log/ (News & Views WebLog)
----- Original Message -----
From: eric dorkin
To: lbo-talk at lists.panix.com
Sent: Wednesday, June 12, 2002 3:03 PM
Subject: RE: Posting whole articles
what is the basis for the prohibition of posting full articles? Despite being a lawyer, I have no idea. Especially when the list is not a public list (though if the archives are available to the public, then maybe that changes things)
eric
Doug Henwood <dhenwood at panix.com> wrote:
Chuck Grimes wrote:
>
>Here's a hoax letter from a guy claiming to represent TIME, sent to
>the admin of utah.edu-supported listservs (I presume the same guy
>sent one to Marco). Yoshie
>
>----------
>
>Oh, come on.
>
>There's got to be better than that around. If it's just spam, its no
>threat. There has to be more going here.
That's a very close replica of the one that Marco & I got. I was
ready to fold, but Marco questioned his identity and turned out to be
right.
Mostly I post the full text of stuff that's short (one screen of
text), or available only with subscription; otherwise, a summary or
opening paragraph plus URL is best. If the copyright owners complain,
we can take it out of the archives.
Doug
------------------------------------------------------------------------------
Do You Yahoo!?
Sign-up for Video Highlights of 2002 FIFA World Cup -------------- next part -------------- An HTML attachment was scrubbed... URL: <../attachments/20020612/d073c501/attachment.htm>