[DeTomaso] Copyright law
kdb@kbyrnes.com
kdb at kbyrnes.com
Tue May 24 11:38:26 EDT 2016
Talk to the president. Please.
------ Original message------From: Ed MendezDate: Tue, May 24, 2016 11:27 AMTo: j g;Cc: Ken Green;kdb at kbyrnes.com;DeTomaso at server.detomasolist.com;Subject:Re: [DeTomaso] Copyright law
What does this have to do with Panteras or DeTomaso? Sent from my iPhone 6 Plus> On 24/05/2016, at 08:20, j g via DeTomaso wrote:> > 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 > To: "kdb at kbyrnes.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> _______________________________________________> Detomaso Forum NO LONGER Managed by POCA> Posted emails must not exceed 1.5 Megabytes> DeTomaso mailing list> [19]DeTomaso at server.detomasolist.com> [20]http://server.detomasolist.com/mailman/listinfo/detomaso> 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> 18. http://server.detomasolist.com/mailman/listinfo/detomaso> 19. mailto:DeTomaso at server.detomasolist.com> 20. http://server.detomasolist.com/mailman/listinfo/detomaso> _______________________________________________> > Detomaso Forum NO LONGER Managed by POCA> Posted emails must not exceed 1.5 Megabytes> DeTomaso mailing list> DeTomaso at server.detomasolist.com> http://server.detomasolist.com/mailman/listinfo/detomaso> > To manage your subscription (change email address, unsubscribe, etc.) use the links above.
-------------- next part --------------
Talk to the president. Please.
------ Original message------
From: Ed Mendez
Date: Tue, May 24, 2016 11:27 AM
To: j g;
Cc: Ken Green[1];kdb at kbyrnes.com[2];DeTomaso at server.detomasolist.com;
Subject:Re: [DeTomaso] Copyright law
What does this have to do with Panteras or DeTomaso? Sent from my iPhone 6 Plus>
On 24/05/2016, at 08:20, j g via DeTomaso wrote:> > ALL> Just for what it
's worth. There is case law showing that digitization> of copy writed materia
l 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 som
e 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 co
mmercial> purposes . ( the original artist or author must some how be given>
credit or is obvious) The requirements for digitization to allow search> eng
ines or; like this list to make available to persons in the pursuit> of knowl
edge and or restoration projects has fully been determined by> the supreme cou
rt 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 whethe
r new , unique or rehashed copy> writed material because of the intent and pu
rpose 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 o
ne 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> all
ow maintenance of obsoleted materials.> I personally have gotten the original
engineering documents for> Corvair parts even parts that were not ever put in
to production ( GM> engineering doc) for ring and pinion parts to reverse the
rotation of> the manual transaxle for mid engine applications to prevent pini
on> failure operating always in coast . next I have also gotten complete> ca
sting drawings from for Ford For their duratec V6 Lincoln ls cylinder> heads o
n a request for motorsports support. ( best to know what the> design casting w
all 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 U
SE of the patent and copy write laws .> Posting of any material not specifical
ly 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 rec
ord of the fair use doctrine with regards to copy write.> Just remember all yo
ur 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 placi
ng 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 > To: [3]"kdb at k
byrnes.com" ;> [4]"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> righ
t would be against someone who copied and used the content in> another fashi
on. What he is saying is something like telling> everyone> he ever sent a
n 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 th
em 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 w
ho 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 t
hat applies.> Ken> ___________________________________________________
_______________> From: "[1[5]]kdb at kbyrnes.com" <[2[6]]kdb at kbyrnes.com>>
To: [3[7]]kenn_green at yahoo.com; [4[8]]DeTomaso at server.detomasolist.com> Sent
: Monday, May 23, 2016 8:46 PM> Subject: Re: [DeTomaso] Copyright law> T
hanks Ken. The issue is a disgruntled former poster of the email> list> h
as 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[9]]DeTomaso at serv
er.detomasolist.com;> Subject:Re: [DeTomaso] Copyright law> Generally, y
ou are not free to use a copyrighted work in its> entirely,> or substantia
l portions, but under the fair use, you can copy short> sections of it if yo
u 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 o
riginal 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 in
fringe 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 materi
als from the Internet> [5]View on [6][10]copyright.lib.utexas.edu> Previ
ew by Yahoo> _____________________________________________________________
_____> From: Kurt Byrnes [7]>> To:[8]mailto:%[6[11]]20DeTomaso at server.de
tomasolist.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 t
o> copyrights of material posted to the list, please contact me ASAP!> S
heesh!> _______________________________________________> Detomaso Forum
NO LONGER Managed by POCA> Posted emails must not exceed 1.5 Megabytes>
DeTomaso mailing list> [9][7[12]]DeTomaso at server.detomasolist.com> [10][
8][13]http://server.detomasolist.com/mailman/listinfo/detomaso> To manage yo
ur subscription (change email address, unsubscribe, etc.)> use the links abo
ve.> References> 1. mailto:;[9[14]]DeTomaso at server.detomasolist.com> 2
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/copyright.lib.utexas.edu/useofweb.html> 4. [12][17]https://copyright.lib.ut
exas.edu/useofweb.html> 5. [13][18]https://copyright.lib.utexas.edu/useofweb
.html> 6. [14][19]http://copyright.lib.utexas.edu/> 7. mailto:%[15[20]]3
Ckdb at kbyrnes.com> 8. mailto:%[16[21]]20DeTomaso at server.detomasolist.com>
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use the links above.> > References> > 1. mailto[26]:kdb at kbyrnes.com> 2. mai
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eTomaso at server.detomasolist.com> 5. mailto[30]:DeTomaso at server.detomasolist.co
m> 6. mailto[31]:20DeTomaso at server.detomasolist.com> 7. mailto[32]:DeTomaso@
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o/detomaso> 9. mailto[34]:DeTomaso at server.detomasolist.com> 10. [35]https://c
opyright.lib.utexas.edu/useofweb.html> 11. [36]https://copyright.lib.utexas.edu
/useofweb.html> 12. [37]https://copyright.lib.utexas.edu/useofweb.html> 13. [3
8]https://copyright.lib.utexas.edu/useofweb.html> 14. [39]http://copyright.lib.
utexas.edu/> 15. mailto[40]:3Ckdb at kbyrnes.com> 16. mailto[41]:20DeTomaso at serve
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