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Date:      Sat, 7 May 2005 02:42:24 +0200
From:      Anthony Atkielski <atkielski.anthony@wanadoo.fr>
To:        freebsd-questions@freebsd.org
Subject:   Re: Mailinglist privacy: MY NAME ALL OVER GOOGLE!
Message-ID:  <1075392968.20050507024224@wanadoo.fr>
In-Reply-To: <200505070226.37132.danny@ricin.com>
References:  <20050506103934.10FA34BEAD@ws1-1.us4.outblaze.com> <9e46c99e0505061454572a1bba@mail.gmail.com> <1647772623.20050507004959@wanadoo.fr> <200505070226.37132.danny@ricin.com>

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Danny Pansters writes:

> Which shows how bad cratic souvereign counties are gettingthey're accepting US
> corp law as their own.

Copyright law is fairly consistent in the industrialized world.

> Anyway, stuff your DMCA.. until we have a valid precedent for it I'd say stuff
> it.

There's already a lot of jurisprudence to draw upon.

> What if it's the US DMCA against a big French software house (assuming
> you have one). How would you think your gov would react?

I suppose my government would either apply French copyright law if the
infringement were in France, or U.S. copyright law (i.e., the DMCA) if
the infringement were in the U.S.

> Now go back to someone complaining about their want-on sent messages
> being archived... yeah sure they would cave in. Dream on.

It's surprising what courts care about sometimes.

> And besides as other people have pointed out in the realm of cyberspace once
> you post something willingly, it's impossible to retain it and any perceived
> profit that would have been generated by it (yes, the court will ask about
> this loss of profit). It's a loosing shipwreck trying to go to court for
> that.

You can still obtain relief in various forms.

> It may just end up as what most people would expect: considered "fair
> use" ...

I'm not aware of any cases in which reproduction of an entire work has
been held to be fair use; fair use is usually interpreted pretty
narrowly.

> ... and if it doesn't it's going to loose over technicalities alone, like when
> you answer back quoting the original message. Were you breaking copyrights?

That's not a technicality, nor is it relevant to the main question.

> No judge is going to do that dance, not even in the crazy paranoid
> corporate stronghold culture we live in these days. Forget it.

You don't know what a judge will do until you're in court.

> Still... would the OP please try to sue so that we get a nice jurisdiction
> about this. Rather now than later.

Be careful what you wish for.

-- 
Anthony




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