From: Jim Choate <ravage@einstein.ssz.com>
Date: Thu, 10 Sep 1998 14:19:43 +0800
To: cypherpunks@einstein.ssz.com (Cypherpunks Distributed Remailer)
Subject: Re: ASL: RE: RE: RE: Copyright infringement (fwd)
Message-ID: <199809101938.OAA05621@einstein.ssz.com>
MIME-Version: 1.0
Content-Type: text



Forwarded message:

> Date: Thu, 10 Sep 1998 10:58:40 -0700
> From: Randy King <randyk@ims.com>
> Subject: Re: ASL: RE: RE: RE: Copyright infringement (fwd)

> Yes, but there is a difference.  It is legal to share a book.  Although it
> is copyrighted, you have the right to share it, at least in the US.  A letter
> is similar.  

Um, actualy not. It is actualy illegal for me to allow you to borrow my
books, CD's, albums, etc.

> been a court case on this yet?  Consider that companies have the right to
> make copies of all electronic mail coming through their Internet connections.

They own it. The employees are acting as agents of the employer and
therefore the employer, not the employee, is the owner of that traffic. So
if you send an email to some mailing list on the clock or with their
equipment then the traffic wasn't ever yours. The owner of a copyright can
make as many copies as they choose. The question is what do they do with the
email that comes from the other person using the other employers computer to
send the traffic....

As far as I know this hasn't made it into court in this exact form, however
it isn't likely too either. The precedences, and reasoning behind, the above
interpretation is well known and understood (at least by lawyers). 

> The issue is still very open on web sites.  The federal govt. is considering
> legislation (even as we type) that would make it illegal to copy any info
> from a web site written by a child (under 18).  Since viewing it makes a copy,
> it would be illegal to look at one without the writer's permission.  And 
> there is no obligation on the writer's part to divulge his age.  It is 
> obvious the feds don't understand the technology yet.  Again, I haven't had
> a chance to observe what has happened here in the past 6 or 8 months now.  

What is the bill number for this?

> Anyway, under your interpretation (which is probably the legal one 
> unfortunately), viewing a web site would be illegal without permission
> first.  Regardless of age.  

Not viewing it since the act of putting the data on the server is an implied
permission to view. However, the instant you make a permanent copy on your
hard-drive, that's not in the browsers short term cache, would be illegal.


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