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

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  • From: prcenter@webtv.net
  • To: nafex@egroups.com
  • Subject: [nafex] Re: copyright & "terms of use"
  • Date: Thu, 14 Dec 2000 04:24:52 -0000

--- 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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