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nafex - Re: [nafex] Re: copyright & "terms of use"

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  • From: Greg Jordan <mgjordan@concentric.net>
  • To: nafex@egroups.com
  • Subject: Re: [nafex] Re: copyright & "terms of use"
  • Date: Thu, 14 Dec 2000 08:01:30 -0700

Well said!

prcenter@webtv.net wrote:

> --- In nafex@egroups.com, fluffy bunny <the.fluffy.bunny@j...> wrote:
> > Tom Booth wrote:
> >
> > I would like to point out that this statement, rather than "holding no
> > force" as aledged by some is actually a very clear and concise PUBLIC
> > LEGAL DOCUMENT and a CONTRACT between NAFEX mambers and contributors to
> > POMONA.
> >
> > My reply:
> >
> > Uhhh...well...Lets try it this way.
> >
> > Even if one were prepared to argue that this is a contract,
> >
>
> CONTRACT:"(Random House Websters College Dictionary)
> contract: 1. an agreement between two or more parties for the doing or not
> doing of something specified. 2. an agreement enforceable by law. 3. the
> written form of such an agreement..." etc.
>
> Anyone familiar with NAFEX for any length of time and certainly anyone
> contributing material to POMONA is aware of the POLICY.
>
> If you are aware of the notice in POMONA and submit material to POMONA
> without making plain that you intend to retain your copyright and or
> intellectual property rights you are AGREEING with the notice which
> constitutes a "contract". Which is simply "an agreement".
>
> Most members of NAFEX are well aware of the policy. Contributors to POMONA
> are certainly aware of the policy. If you submit an article and choose not
> to copyright it, which option is open, you are agreeing to... in effect...
> give license to POMONA, to NAFEX and to the general public to reproduce
> your material.
>
> Your personal "copyright"... which really is not in any way violated by
> this... since you can do whatever you want with your own material... you
> have agreed to allow it to be freely distributed by POMONA, NAFEX, and the
> public.
>
> Technically your copyright is not void, I suppose, but by your own
> agreement by submitting material to POMONA without specific copyright
> notice it is given away by your own hand to the general public, making it
> in effect public domain material.
>
> >
> >it would then
> > be by definition a "unilateral" contract which in essence means anyone
> > attempting to preserve their copyright status would be afforded the
> > "loosest" interpretation of the law. This in effect, would negate the
> > alleged merits of the "notice" in POMONA.
> >
>
> If you are aware of the notice, which I don't think anyone here can say
> they are not aware of it... then you either agree to it or you don't. You
> have a clear mechanism to indicate which way you want to go. You either
> include a "preamble" with the article indicatng your desire to retain your
> copyright or you don't. If you knowingly give license to someone to
> reproduce your copyrighted materal... you are knowingly allowing this by
> your own agreement... If you want to say you still have copyright even
> without the notice by "'loosest' interpretation"... you are still by your
> own choice allowing your "copyrighted" material to be copied and disributed
> by anyone... "NAFEX and OTHERS".
>
> This is perhaps a radical departure from common everyday logic regarding
> copyright but an agreement is an agreement.
>
> Members of NAFEX who contribute to POMONA quite knowingly and quite aware
> of what they are doing... choose not to encumber the free flow of
> information regarding what they consider an ultimate good. an ultimate
> benefit to society of the highest order... the planting care and
> propogation of trees that provide food and pleasure for humanity... for
> GENERATIONS.... This is the greatest good that can be done in this world by
> their estimation, and the knowledge of how to do it should not be hamstrung
> by copyright issues...
>
> Unfortunately... due to the apparent degeneration of this Ideal...
> Incredibly valuable information is being witheld, restrained, lost... The
> good it could have done will not be done. The Handbook which discribes
> better than any other publication I'm aware of... how to graft and
> propogate fruit trees will not be republished, will not find a place on the
> NAFEX website...
>
> The Project to publish back issues of POMONA on the same website has been
> halted due primarily to copyright issues.
>
> In my estimation... this issue of free and unencumbered distribution of
> information that is too priceless to be withheld... is the heart and sole
> of the NAFEX philosophy and spirit. Those who are attacking it are
> apparently doing a good job of it so far. It seems to me they are just
> attempting to capitalize on a good thing and destroying it in the process.
>
> >
> > Obviously in such a circumstance the identity and status of the
> > infringing party would be paramount in determing the extent to which
> > copyright protection would be afforded. Any corporate entity, business,
> > of NAFEX itself would be held to higher standard than would an individual
> > passing information along to third party.
> >
> >
> > Very truly yours,
> >
> > TFB
> >
>
> As has already been pointed out by others you are wrong... Organizations
> performing an educational function, Not for Profit. are virtually exempt
> from prosicution regarding alledged copyright violations. and as I have
> pointed out... in reprinting articles in POMONA... there is no violatn of
> copyright when it has knowingly and freely been given away by the copyright
> holders own agreement. as is the case with anything that has been published
> in POMONA under the terms/agreement/contract as outlined.
>
> Tom Booth
>


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