From: consensus@netcom.com (Christopher Allen)
Date: Mon, 24 Jan 94 18:08:54 PST
To: cypherpunks@toad.com
Subject: Re: archiving on inet
Message-ID: <199401250157.RAA14035@mail.netcom.com>
MIME-Version: 1.0
Content-Type: text/plain


At 11:08 AM 1/24/94 -0600, Jim choate wrote:
> Each user who calls my system will
>need agree to a statement of something like the following:

I don't think you necessarily need this agreement.

First off, I think you don't understand fair use -- it is not a right the
author grants, EVERYONE has the right to fair-use of ANY copyrighted
document. For instance, the Supreme Court recently said that recording
material off cable for personal use only was fair-use--giving it to another
was not.

Secondly, I think there is an implied contract between you and the person
that provides the content that you will make it available to others--they
would not have any reason to give it to you otherwise. If others that you
pass it to abuse it by going beyond fair-use, that is not your liability,
but is theirs.

I'm not an attorney, but you may want to find someone on the net that is.
Try the cni-copyright@cni.org list, or misc.legal newsgroup.

..Christopher Allen
..Consensus Develoment Corporation
..4104-24th Street #419
..San Francisco, CA 94114-3615
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..email: consensus@netcom.com
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