[DeTomaso] Copyright law
j g
notstock at yahoo.com
Tue May 24 11:20:44 EDT 2016
ALLJust for what it's worth. There is case law showing that digitization of copy writed material is by itself not illegal. That ; that applies to part or whole documents . Case law states that unless the material is used in it's entirety in only some limited cases of commercial gain does the copy write apply. Any use of the material for research, private usage , and in some cases like song or speech/ book parodies can be used entirely under the free use clause even of for commercial purposes . ( the original artist or author must some how be given credit or is obvious) The requirements for digitization to allow search engines or; like this list to make available to persons in the pursuit of knowledge and or restoration projects has fully been determined by the supreme court under case law to be legal under fair use. Next any site such as this site that is open to individuals posting their opinions, their information whether new , unique or rehashed copy writed material because of the intent and purpose of this site is not for economic gain but educational and social use , That is enough to make the posting of information be fair use. Next , what one may not understand is that after a 12 year period all documents associated with production of equipment (almost all kinds) has to be made available to after market and anyone requesting them from the original company to allow maintenance of obsoleted materials.I personally have gotten the original engineering documents for Corvair parts even parts that were not ever put into production ( GM engineering doc) for ring and pinion parts to reverse the rotation of the manual transaxle for mid engine applications to prevent pinion failure operating always in coast . next I have also gotten complete casting drawings from for Ford For their duratec V6 Lincoln ls cylinder heads on a request for motorsports support. ( best to know what the design casting wall locations and thicknesses are supposed to be rather than cut up too many expensive heads. ) . All were sent with the notation of released under FAIR USE of the patent and copy write laws .
Posting of any material not specifically applied for copy write or poors mans copy write ( copy of material sealed in a certified mail and mailed to one's self) has been determined to not be explicitly covered under copy write and is fair use every time.
These are not legal opinions but restating of information contained in the public record of the fair use doctrine with regards to copy write. Just remember all your book reports and any papers you wrote in college , you were allowed to use both verbatim as well as reworded information not your own creation by placing sub-notations or direct reference giving credit to the original source or you source and author . So free use is not a new concept it has been around for quite some time.
John Garcia
From: Ken Green via DeTomaso <detomaso at server.detomasolist.com>
To: "kdb at kbyrnes.com" <kdb at kbyrnes.com>; "DeTomaso at server.detomasolist.com" <DeTomaso at server.detomasolist.com>
Sent: Tuesday, May 24, 2016 12:18 AM
Subject: Re: [DeTomaso] Copyright law
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!
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References
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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
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-------------- next part --------------
ALL
Just for what it's worth. There is case law showing that digitization
of copy writed material is by itself not illegal. That ; that applies
to part or whole documents . Case law states that unless the material
is used in it's entirety in only some limited cases of commercial gain
does the copy write apply. Any use of the material for research,
private usage , and in some cases like song or speech/ book parodies
can be used entirely under the free use clause even of for commercial
purposes . ( the original artist or author must some how be given
credit or is obvious) The requirements for digitization to allow search
engines or; like this list to make available to persons in the pursuit
of knowledge and or restoration projects has fully been determined by
the supreme court under case law to be legal under fair use.
Next any site such as this site that is open to individuals posting
their opinions, their information whether new , unique or rehashed copy
writed material because of the intent and purpose of this site is not
for economic gain but educational and social use , That is enough to
make the posting of information be fair use. Next , what one may not
understand is that after a 12 year period all documents associated with
production of equipment (almost all kinds) has to be made available
to after market and anyone requesting them from the original company to
allow maintenance of obsoleted materials.
I personally have gotten the original engineering documents for
Corvair parts even parts that were not ever put into production ( GM
engineering doc) for ring and pinion parts to reverse the rotation of
the manual transaxle for mid engine applications to prevent pinion
failure operating always in coast . next I have also gotten complete
casting drawings from for Ford For their duratec V6 Lincoln ls cylinder
heads on a request for motorsports support. ( best to know what the
design casting wall locations and thicknesses are supposed to be rather
than cut up too many expensive heads. ) . All were sent with the
notation of released under FAIR USE of the patent and copy write laws .
Posting of any material not specifically applied for copy write or
poors mans copy write ( copy of material sealed in a certified mail and
mailed to one's self) has been determined to not be explicitly
covered under copy write and is fair use every time.
These are not legal opinions but restating of information contained in
the public record of the fair use doctrine with regards to copy write.
Just remember all your book reports and any papers you wrote in college
, you were allowed to use both verbatim as well as reworded information
not your own creation by placing sub-notations or direct reference
giving credit to the original source or you source and author . So
free use is not a new concept it has been around for quite some time.
John Garcia
__________________________________________________________________
From: Ken Green via DeTomaso <detomaso at server.detomasolist.com>
To: "kdb at kbyrnes.com" <kdb at kbyrnes.com>;
"DeTomaso at server.detomasolist.com" <DeTomaso at server.detomasolist.com>
Sent: Tuesday, May 24, 2016 12:18 AM
Subject: Re: [DeTomaso] Copyright law
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: "[1]kdb at kbyrnes.com" <[2]kdb at kbyrnes.com>
To: [3]kenn_green at yahoo.com; [4]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];[5]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:%[6]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][7]DeTomaso at server.detomasolist.com
[10][8]http://server.detomasolist.com/mailman/listinfo/detomaso
To manage your subscription (change email address, unsubscribe, etc.)
use the links above.
References
1. mailto:;[9]DeTomaso at server.detomasolist.com
2. [10]https://copyright.lib.utexas.edu/useofweb.html
3. [11]https://copyright.lib.utexas.edu/useofweb.html
4. [12]https://copyright.lib.utexas.edu/useofweb.html
5. [13]https://copyright.lib.utexas.edu/useofweb.html
6. [14]http://copyright.lib.utexas.edu/
7. mailto:%[15]3Ckdb at kbyrnes.com
8. mailto:%[16]20DeTomaso at server.detomasolist.com
9. mailto:[17]DeTomaso at server.detomasolist.com
10. [18]http://server.detomasolist.com/mailman/listinfo/detomaso
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To manage your subscription (change email address, unsubscribe, etc.)
use the links above.
References
1. mailto:kdb at kbyrnes.com
2. mailto:kdb at kbyrnes.com
3. mailto:kenn_green at yahoo.com
4. mailto:DeTomaso at server.detomasolist.com
5. mailto:DeTomaso at server.detomasolist.com
6. mailto:20DeTomaso at server.detomasolist.com
7. mailto:DeTomaso at server.detomasolist.com
8. http://server.detomasolist.com/mailman/listinfo/detomaso
9. mailto:DeTomaso at server.detomasolist.com
10. https://copyright.lib.utexas.edu/useofweb.html
11. https://copyright.lib.utexas.edu/useofweb.html
12. https://copyright.lib.utexas.edu/useofweb.html
13. https://copyright.lib.utexas.edu/useofweb.html
14. http://copyright.lib.utexas.edu/
15. mailto:3Ckdb at kbyrnes.com
16. mailto:20DeTomaso at server.detomasolist.com
17. mailto:DeTomaso at server.detomasolist.com
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