Re: Copyright infringement

**"Christopher P. Lindsey" t*@spamfodder.com**

> Since I am the infringer, I must confess I do not see the legal basis for
> arguing that my sending a listserv an internet address is a copyright
> infringement.  

I agree.  While I'm not an attorney, I've had more than my fair share of
Internet copyright squabbles and consider myself to be fairly well-informed.

Sending a message to the list could probably constitute 'fair use', as it's
just republication within a small community of writers.

What concerned me most (and I wrote Lon about this) is the availability
of the article via the archives later.  The searchable hort.net ones
referenced at the bottom of this message are publicly available, so any
time that copyrighted material is sent to the list it's also republished
via the archives.  There's no easy way to limit access to these archives 
without assigning yet another password for folks to use.

Imagine that Google picks up the archive's copy of the article and
subsequent Web surfers went there site instead of to the New York Times
site.  If the Times found out, they could sue for lost money in the
form of advertising revenue on their site.

Even hairier is the fact that the archives can't be edited.  Once a message
is in there, it's in there for good (with a few exceptions).  If it is
edited, the archives are considered an editorialized publication and
the site hosting them is responsible for all content.

Since I run hort.net (where the searchable archives are), I'm not too
keen on the idea of copyrighted stuff being republished on the lists.

Chris
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