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Date:         Mon, 6 Apr 1998 23:23:31 -0700
Reply-To:     "Steven X. Schwenk" <sxs@CONCENTRIC.NET>
Sender:       Vanagon Mailing List <Vanagon@vanagon.com>
From:         "Steven X. Schwenk" <sxs@CONCENTRIC.NET>
Subject:      Re: © Vanagon List. List CD $$$$
Comments: To: Erik O <koesel@UAKRON.EDU>, vanagon List <vanagon@vanagon.com>
Content-Type: text/plain; charset=iso-8859-1

I recall seeing at least one post, and I think perhaps two or three, that had copyright symbols which pertained to the post. Would these people sue for infringment if a CD were published? Theoretically, they could, but to what avail, particularly since they almost certainly could not establish damages (although they could possibly recover attorney fees if they prevailed and sought relief other than damages)....They could sue for injunctive relief, but gee...all the court would order is no more publications of the copyrighted posts. Moreover, a suit would be expensive to file...no attorney would take such a case on a contingency fee basis...since it would be an absurd case....so unless the person suing is an attorney, they would likely have to invest thousands in attorney fees in a case with no recoverable damages.

Still, where's there's any exposure, best thing is to CYA...especailly when it can be done pretty easily. Venue is probably the most unsettling issue such a frivilous suit would raise. Imagine having to travel to some small county court house way up in Northern Main or North Dakota to defend a copyright infringement suit brought by some disgruntled wacko listee. I can see myself now standing before an old judge who's never gotten an e-mail or heard of a mailing list trying to explain that yes, the post was copyrighted and then published on a CD by some *Californians* for distribution to any of the 45 million people who have access to the web, but your local boy here suffered no damages, Your Honor.... Scary. Anyway, the CD idea raises some pretty compelling legal issues the answers to which are still being hammered out. steve

Erik O wrote:

> ...

> If anyone wants to exert a © on anything they posted to the > list they can speak up now before the CD is produced and we will not > include their "property" and then publicly ostracize them. *grin* >


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