[DeTomaso] Copyright law

Ken Green kenn_green at yahoo.com
Tue May 24 01:18:41 EDT 2016


I know a lot more about patents and trademarks, and the Internet has become the wild west of IP law.  
I would think that because the "former poster" in fact posted the content and knowingly put it into a searchable data base, his only right would be against someone who copied and used the content in another fashion.  What he is saying is something like telling everyone he ever sent an email or letter to that they now have to delete the email or destroy the letter.  Maybe offer to send an email to all the forum members informing them that member X may sue them if they repost any of his posts?
The issue with stuff like this is that occasionally you run into a total jerk who threatens to sue.  IP law suits are so expensive and stressful that you usually lose even if you win.
I can try to run this past an experienced IP litigator I know and see what he thinks.  There should be case law by now that applies.
Ken

      From: "kdb at kbyrnes.com" <kdb at kbyrnes.com>
 To: kenn_green at yahoo.com; DeTomaso at server.detomasolist.com 
 Sent: Monday, May 23, 2016 8:46 PM
 Subject: Re: [DeTomaso] Copyright law
   
 Thanks Ken.  The issue is a disgruntled former poster of the email list has sent me a request to purge every post he has made to the list.  He is claiming he owns the copyright to anything he has written.  Is he correct?
Thanks,Kurt
 

------ Original message------From: Ken GreenDate: Mon, May 23, 2016 11:27 PMTo: Kurt Byrnes;DeTomaso at server.detomasolist.com;Subject:Re: [DeTomaso] Copyright law
Generally, you are not free to use a copyrighted work in its entirely, or substantial portions, but under the fair use, you can copy short sections of it if you are commenting on them, not reproducing the work as a whole.  If it's something simple like a photo or painting, you cannot reproduce it in its original entirely, but I think there was a case where the court found that a low resolution thumb nail version of as copyrighted painting did not infringe because it would never be blown up and used as art.
This looks pretty good:
Using materials from the Internet
|   |
|   |  |   |   |   |   |   |
| Using materials from the InternetUsing materials from the Internet |
|  |
| View on copyright.lib.utexas.edu | Preview by Yahoo |
|  |
|   |




      From: Kurt Byrnes  >
 To:mailto:%20DeTomaso at server.detomasolist.com 
 Sent: Monday, May 23, 2016 1:41 PM
 Subject: [DeTomaso] Copyright law
  
If you or anyone you know could please advise me in regards to 
copyrights of material posted to the list, please contact me ASAP! Sheesh!

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-------------- next part --------------
   I know a lot more about patents and trademarks, and the Internet has
   become the wild west of IP law.
   I would think that because the "former poster" in fact posted the
   content and knowingly put it into a searchable data base, his only
   right would be against someone who copied and used the content in
   another fashion.  What he is saying is something like telling everyone
   he ever sent an email or letter to that they now have to delete the
   email or destroy the letter.  Maybe offer to send an email to all the
   forum members informing them that member X may sue them if they repost
   any of his posts?
   The issue with stuff like this is that occasionally you run into a
   total jerk who threatens to sue.  IP law suits are so expensive and
   stressful that you usually lose even if you win.
   I can try to run this past an experienced IP litigator I know and see
   what he thinks.  There should be case law by now that applies.
   Ken
     __________________________________________________________________

   From: "kdb at kbyrnes.com" <kdb at kbyrnes.com>
   To: kenn_green at yahoo.com; DeTomaso at server.detomasolist.com
   Sent: Monday, May 23, 2016 8:46 PM
   Subject: Re: [DeTomaso] Copyright law
   Thanks Ken.  The issue is a disgruntled former poster of the email list
   has sent me a request to purge every post he has made to the list.  He
   is claiming he owns the copyright to anything he has written.  Is he
   correct?
   Thanks,
   Kurt
   ------ Original message------
   From: Ken Green
   Date: Mon, May 23, 2016 11:27 PM
   To: Kurt Byrnes[1];DeTomaso at server.detomasolist.com;
   Subject:Re: [DeTomaso] Copyright law
   Generally, you are not free to use a copyrighted work in its entirely,
   or substantial portions, but under the fair use, you can copy short
   sections of it if you are commenting on them, not reproducing the work
   as a whole.  If it's something simple like a photo or painting, you
   cannot reproduce it in its original entirely, but I think there was a
   case where the court found that a low resolution thumb nail version of
   as copyrighted painting did not infringe because it would never be
   blown up and used as art.
   This looks pretty good:
   [2]Using materials from the Internet


                                  [3]image






   [4]Using materials from the Internet
   Using materials from the Internet
   [5]View on [6]copyright.lib.utexas.edu
   Preview by Yahoo
     __________________________________________________________________

   From: Kurt Byrnes [7]>
   To:[8]mailto:%20DeTomaso at server.detomasolist.com
   Sent: Monday, May 23, 2016 1:41 PM
   Subject: [DeTomaso] Copyright law
   If you or anyone you know could please advise me in regards to
   copyrights of material posted to the list, please contact me ASAP!
   Sheesh!
   _______________________________________________
   Detomaso Forum NO LONGER Managed by POCA
   Posted emails must not exceed 1.5 Megabytes
   DeTomaso mailing list
   [9]DeTomaso at server.detomasolist.com
   [10]http://server.detomasolist.com/mailman/listinfo/detomaso
   To manage your subscription (change email address, unsubscribe, etc.)
   use the links above.

References

   1. mailto:;DeTomaso at server.detomasolist.com
   2. https://copyright.lib.utexas.edu/useofweb.html
   3. https://copyright.lib.utexas.edu/useofweb.html
   4. https://copyright.lib.utexas.edu/useofweb.html
   5. https://copyright.lib.utexas.edu/useofweb.html
   6. http://copyright.lib.utexas.edu/
   7. mailto:%3Ckdb at kbyrnes.com
   8. mailto:%20DeTomaso at server.detomasolist.com
   9. mailto:DeTomaso at server.detomasolist.com
  10. http://server.detomasolist.com/mailman/listinfo/detomaso


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