Erik Funkenbusch wrote:
> On Wed, 07 Jun 2006 14:38:30 -0500, flatfish+++ wrote:
>
> > I'm pretty much convinced that Roy is being paid to post all these
> > articles in COLA by someone that has an interest in positive publicity for
> > Linux.
>
> One might think so, but if you explore his site, you'll find a quantity of
> self-flaggelating content that puts Rex to shame. He appears to have saved
> every message he's ever written in any forum, for example. I think he just
> likes to read his own messages.
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
<quote>
Copyright Law
Moreover, their works are protected by copyright law from the very
moment that they are created, -regardless of whether they are
registered with the Copyright Office and regardless of whether they are
marked with a copyright notice or symbol ©. That means that virtually
every e-mail message, Usenet posting, web page, or other computer work
you have ever created - or seen - is copyrighted. That also means that,
if you are not the copyright owner of a particular Usenet posting, web
page, or other computer work, you may not copy, distribute, modify, or
display it unless one or more of the following is true:
* Its copyright owner has given you permission to do so
* It is in the public domain
* Doing so would constitute fair use
* You have an implied license to do so
If none of these exceptions apply, your use of the material constitutes
copyright infringement, and you could be liable under federal law for
as much as $100,000 in damages for each use.
</quote>
The issue of Usenet posts is further articulated here:
http://www.templetons.com/brad/copymyths.html
<quote>
3) "If it's posted to Usenet it's in the public domain."
False. Nothing modern and creative is in the public domain anymore
unless the owner explicitly puts it in the public domain(*).
Explicitly, as in you have a note from the author/owner saying, "I
grant this to the public domain." Those exact words or words very much
like them.
</quote>
Anyone claiming that this is justified because of "fair use" is
clueless about fair use. Fair use most certainly does *NOT* apply here.
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