"Larry Qualig" wrote:
> Bobbie wrote:
>> Larry Qualig exclaimed:
>>
>>> I did explore his site and there is certainly some
>>> questionable stuff on Roy's site. For example, here is
>>> basically an entire archive of COLA:
>>>
>>> http://www.schestowitz.com/UseNet/
>>>
>>> A very large percentage of the content there is from
>>> COLA posters other than himself.
>>>
>>> This is certainly a copyright violation. He has the
>>> right to post his *OWN* usenet postings but according to
>>> copyright law, he has no right to put other peoples
>>> USENET posts on his site.
>>>
>>> http://www.tufts.edu/tccs/p-overview.html
>>
>> Hmmmm.. Interesting.
>> So how come you're not going after Google?
>> Or for that matter Deja News and the thousand of other
>> ISP's that archive their own copies of Usenet for
>> commercial purposes?
>
> For starters... I am not "going after" anybody. I'm simply
> stating that the hundreds of USENET posts on his web-site
> are also protected by copyright law and technically he
> can't put those posts up there without consent of the
> authors.
>
> It's different for Google, Deja News (now Google) or any of
> the ISP's because they are a member of the USENET
> system/network and have an "implied license" to use and
> display the information.
>
> To put it differently, when somebody posts to USENET they
> have the expectation that it will appear and become
> available to USENET. There is an implied license that gives
> all USENET systems the right to carry this post.
>
> But there is *NO* expectation that a post that someone
> makes will appear in People magazine, a Pepsi commercial,
> the New York Times or Roy's web-site. There is no "implied
> license" for use in these venues.
Seriously, how much water would that argument hold in court
for something that is already publicly available?
At this point, I do not see how keeping a publicly available
archive of a publicly available forum from a multitude of
world-wide servers could be construed as malfeasance.
It seems odd that some treat Mr. Schestowitz as though
he violated a colonial EULA.
--
HPT
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