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----- Original Message -----
From: "Mark L. Levinson" <nosnivel -at- netvision -dot- net -dot- il>
To: "TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com>
Sent: Wednesday, April 03, 2002 6:54 AM
Subject: Re: (Possibly OT) Can I quote you?
>
> Patrick wrote:
> > I believe the proper etiquette for quoting an
> > individual on something said in a discussion
> > would be to email them directly and ask for their
> > permission.
>
> It's not just proper etiquette, it's the law.
> And you may quote me on that. Er, if you have
> my permission.
Not in America it's not.
In this country, we have a concept called 'fair use'
which says that you can quote reasonably-sized
excerpts from a copyrighted work for the purposes of
criticism, analysis, etc.
Copyright is not an absolute monopoly
on an expression. It is a limited monopoly,
and it is granted for the express purpose of
encouraging the public expression of ideas
so that they may be a benefit to the society.
Beyond that, there is the question
of whether publishing an expression in
the specific venue of a listserv, which
is designed to give that expression the
widest possible free distribution, does
not imply the consent to have the
expression copied ad infinitum without
recompense. That is what happens with any
listserv that has a web archive - it may be
accessed without cost or restriction (in
most cases) for years - or centuries , or
millennia, or as long as someone cares to
preserve it.
This issue will have to be worked out in the courts.
If copyright were as limited as you assert,
no child could quote from an encyclopedia
without written permission for each instance.
No researcher could advance the art.
Copyright is misused to limit debate - look
at the reprehensible case of Scientific American
intimidating, through copyright claims,
a scientist who responded with
a complete analysis, on his website, of the four articles
SA published trashing his work without allowing
him a response.
Between SA and the Elrons Copyright seems to
be doing almost as much harm as good right now.
Brad Jensen
www.eufrates.com
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