From: Cyber City <cyber1@io.org>
Date: Wed, 1 Jun 94 14:05:48 PDT
To: cypherpunks@toad.com
Subject: Unicorn vs. tmp@netcom
Message-ID: <Pine.3.89.9406011727.A13655-0100000@r-node.io.org>
MIME-Version: 1.0
Content-Type: text/plain


Now that we've had our debate, I withdraw any objections I've made to
the proposed lawsuit.  I just don't like to see the courts used as a
first resort in cases of conflict.  It also seems to me that personation
and forgery are more serious offences than libel and plagiarism.

On the subject of legal actions by pseudonymous entities, while I am
regrettably ignorant of U.S. copyright laws, readers here might find it
interesting that the new Canadian Copyright Act guarantees the right of
an author to write under a pseudonym. For example:

        Section 14.1. Moral Rights

        (1) The author of a work has, subject to section 28.2, the right
            to the integrity of the work and, in connection with an act
            mentioned in section 3, the right, where reasonable in the
            circumstances, to be associated with the work as its author
            by name or under a pseudonym and the right to remain
            anonymous.                           ^^^^^^^^^^^^^^^
            ^^^^^^^^^
        (2) No assignment of moral rights.-- Moral rights may not be
            assigned, but may be waived in whole or in part.

Section 3, referred to above, gives the author the sole right to
produce, reproduce, perform, publish, convert, and - in the case of
art - to communicate by telecommunication.

        Section 28.2. Nature of Right of Integrity

        (1) The author's right to the integrity of a work is infringed
            only if the work is, to the prejudice of the honour or
            reputation of the author,
            (a) distorted, mutilated, or otherwise modified; or
            (b) used in association with a product, service, cause or
                institution.

Under the Berne Convention and the Universal Copyright Convention, these
rights are enforceable in other countries only if those countries
guarantee the same rights to their own citizens.

Speculation: With the incursion of lawyers and lawsuits into the
network, Internet Service Providers (ISP's) will need to purchase
liability insurance. The insurance premiums will vary inversely with the
freedom of clients under acceptable usage agreements.  Thus ISP's will
have a sound business reason to reduce customer priviledges :-(