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Date:      Fri, 14 Dec 2001 11:31:54 -0800 (PST)
From:      "Jeremy C. Reed" <reed@reedmedia.net>
To:        freebsd-chat@FreeBSD.ORG
Subject:   Re: Boston Globe Article (fwd)
Message-ID:  <Pine.LNX.4.21.0112141055440.258-100000@pilchuck.reedmedia.net>
In-Reply-To: <a05101014b83fd6383c37@[10.0.1.22]>

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On Fri, 14 Dec 2001, Brad Knowles wrote:

> At 4:16 PM -0800 on 2001/12/13, Jeremy C. Reed wrote:
> 
> >>  	(3) the amount and substantiality of the portion used in
> >>  	    relation to the copyrighted work as a whole; and
> >
> >  The entire article was copied.
> 
> 	Was the entire magazine, paper, or website copied?  No, just a 
> single article.

Which is still wrong.

> 	Do you know how many different "clippings" papers/magazines there 
> are in the world, where they literally copy hundreds and hundreds of 
> entire articles from a variety of sources, and then put that together 
> and send that out to hundreds or thousands (or even millions) of 
> people around the world?

Name one that does this legally. (And then why?)

The Associated Press, New York Times, and various other wire services sell
their individual articles. (How could they make money if anyone could copy
non-timely articles for free?)

How could a BSD advocate who understands the commercial value of a
copyright accept the republishing of articles without permission?

> 	Surely they're not all in violation of copyright laws.  I mean, 
> no University, College, or high school could survive if they weren't. 

As far as I know, no university or school would knowingly copy different
articles from different places without seeking permission first and
compile them together and redistribute it outside of use for a class at
the school.

I teach for a college. Before every quarter, I am given a 12-page packet
covering the school's copyright policy and procedures. I know other
schools have similar policies/guidelines. This document provides examples
that the school believes is acceptable for teachers for this class
preparations:

- may make a single copy of a newspaper article for own scholarly research
  or for teaching a class.

- may make one copy per pupil of a complete article of less than 2,500
  words for classroom use as long as:
   - include the notice of copyright;
   - absolutely don't have the time to wait for permission;
   - use the material for only one course in one school;
   - no more than 9 instances of multiple copies for one course during one
     term.

- then it says may make limitless copies of newspapers for teaching
  effectiveness. (Strange that this contradicts the "single
  copy" mentioned above.)

> Heck, the publications departments at most companies couldn't 
> survive, and you'd put the entire US DoD out of work, too -- they 

I know that several publications departments, such as T. Rowe Price's
magazine, Costco's magazine, Hewlett-Packard's magazine, even university
magazines, would never republish some other newspaper or magazine article
without seeking permission first.

> have a number of different "newsclippings" magazines that they put 
> out (at least one each that I know of for the four services, plus 
> another that is circulated amongst the ~30,000 people who work in the 
> Pentagon).

I do know that many magazines require you to purchase the clippings from
them if you want to reuse them. (Maybe this is a marketing ploy?)

> 	My God, I just had a thought -- since copyright is inherent upon 
> the creation of the work, then all those morons that copy the entire 
> e-mail message and then add a simple one-line response at the top or 
> bottom are in violation of copyright law.

You do not believe that.

> 	You know, this *must* be a much more serious violation of 
> copyright law than what we saw from Annelise, since there are far, 
> far more people doing it.  If you want to continue your Jihad, I 
> suggest that you start with them.

I have had to contact several websites to request that they do not
verbatim copy entire articles from online magazines that I edit.

As an example, as far as I know, there are no websites that legally copy
in entirety single articles from other websites and republish them.

> 	How many people would have been likely to read an article about 
> FreeBSD or Open Source in the Boston Globe?  Now, how many people 
> know that the Boston Globe has carried one interesting article on 
> this subject, and may now be inclined to keep a closer watch on them 
> to see if they come up with anything else?

This was already mentioned by someone else. It has nothing to do with this
discussion.

> 	No, I'm sorry.  Not a single one of your arguments has held any water.

Some agree with; some don't. Again, my experiences are probably different
than yours. I studied this in several classes while earning my journalism
degree; I have discussed this in great detail during my professional work
as a journalist; and in college teaching I am continuously warned about
"fair use" and copyright laws.

> 	Myself, when I find an article like this, I'll copy the first 
> paragraph or two, and then include a link to the entire thing online. 

That seems "fair".

> But in no way at all do I find myself compelled to do so for 
> copyright reasons.  No, I do it because I know that not everyone who 
> receives my message will want to read the article in question, and I 
> don't want to excessively annoy those who don't.

That seems polite.

   Jeremy C. Reed
   http://www.reedmedia.net/


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