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From: Mark Cashman <mcashman@ix.netcom.com>
Date: Fri, 10 Oct 1997 01:09:48 -0700
Fwd Date: Fri, 10 Oct 1997 20:42:05 -0400
Subject: Re: Becker Claims Copyright Infringement by

>  Date: Thu, 9 Oct 1997 18:59:52 -0800
>  To: updates@globalserve.net
>  From: campbell@ufomind.com (Glenn Campbell, Las Vegas)
>  Subject: Becker Claims Copyright Infringement by Maccabee

>  Barbara Becker has claimed copyright infringement in an on-line
>  article by Bruce Maccabee posted to this list on Oct. 4.

>  Becker has threatened to file a lawsuit against Glenn Campbell,
>  Bruce Maccabee, Errol Bruce-Knapp and another party to seek
>  "injunctuive, punitive and statuatory damages from Glenn and
>  punitive and statuatory from the rest of you...."

I find this to be a saddening and depressing development. As Glenn
points out elsewhere, the use of material on the net for comment and
criticism is normal and appropriate. It also seems to be covered by
fair use, as indicated in:

"The fair use provision of the Copyright Act allows reproduction and
other uses of copyrighted works under certain conditions for purposes
such as criticism, comment, news reporting, teaching(including
multiple copies for classroom use), scholarship or research. Additional
provisions of the law allow uses specifically permitted by Congress to
further educational and library activities. The preservation and
continuation of these balanced rights in an electronic environment as well
as in traditional formats are essential to the free flow of information and
to the development of an information infrastructure that serves the
public interest." (http://www.arl.org/scomm/copyright/uses.html)

The idea that a participant in the list would even think of suing someone
for using material provided to them by this list, or relevant material
found on the web, in commentary, research, or critique, suggests that
said participant should keep their opinions to themselves, rather
than burdening the rest of us with fear that we will be the next one
singled out for threat of punitive legal action.

We should all perhaps be aware that the very existence of computer
networks is sending massive tremors through traditional copyright
law. I refer you to http://www.ssrn.com/CyberLaw/lawpaper.html
where you can find the paper Dealing With Overlapping Copyrights
on the Internet, Author: Mark A. Lemley, Organization: University
of Texas School of Law (you will need an Adobe Acrobat reader
or plug in to read this document) for more information.

Still, let's try to remember in the heat of the moment that the fact that
we disagree will not be ended by destroying the fora in which those
disagreements are given form. The result will simply be that the world
has been made poorer in information.

Like most people who joined this list, I accept that what I write leaves
my control to some extent. I would hope that those who think that their
best recourse in this context is to threat and legality will think again,
or go elsewhere.

------
Mark Cashman, creator of The Temporal Doorway at
http://www.geocities.com/~mcashman
- Original digital art, writing, and UFO research -
Author of SF novels available at...
http://www.infohaus.com/access/by-seller/The_Temporal_Doorway_Storefront
------