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nafex - Re: [NAFEX] converted willingly

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Subject: North American Fruit Explorers mailing list at ibiblio

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  • From: Pat Meadows <pat@containerseeds.com>
  • To: breen@fedcoseeds.com, North American Fruit Explorers <nafex@lists.ibiblio.org>
  • Cc:
  • Subject: Re: [NAFEX] converted willingly
  • Date: Wed, 27 Oct 2004 15:26:01 -0400

On Wed, 27 Oct 2004 12:52:47 -0500, you wrote:

>because no one is paid for their articles, and everyone voluntarily
>contributes,
>
>and all the articles are open forum already to members, speaking strictly of
>
>Pomona, but this also applies for the list-serve, there are no legal
>recourse for
>
>not having your comments and letters included.

I am not a lawyer or copyright expert (but I can read what
is clearly written on the US Copyright Office's website).
I believe you will find - if you research this - that you
are very mistaken about this.

US Copyright Office Website: http://www.loc.gov/copyright

Note that the Copyright Office Website says, in part,

-------
Only the owner of copyright in a work has the right to
prepare, or to authorize someone else to create, a new
version of that work.
-------

Payment, or non-payment for work, is not relevant to
copyright.

A copyright lawyer's site: http://www.benedict.com

See especially:
http://www.benedict.com/digital/Internet/Usenet.aspx
As the page above is talking about Usenet newsgroups, it is
relevant to voluntarily submitted (and unpaid) work. Such
work is copyright protected.

Note that the above page says (in part):

----------------------
If you are in fact toying with the idea of reposting a
message from a newsgroup, keep in mind that the following
characteristics will be taken in account when determining
whether or not you have acted within the purview of the
implied license:

* whether the copied message will reach a different
audience
* whether the copied message is being introduced to
different distribution systems
---------------------------

I think that anyone who - without prior permission of the
copyright holder - republishes articles from a journal (any
journal) on a CD, and distributes them (whether for free or
for pay, would be in considerable legal difficulty.

And should be: the words belong to the writer. Whether you
consider it from an ethical standpoint or from the
standpoint of copyright, it's wrong to take another's works
and use them for without permission.

Pat
--
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