RE: Regarding the law: RE: Copyright in email postings

[Dmitri Yunov <yudmi@xxxxxxxxxxx>]

Some hints and prompting for Frame owners while Dick has written the answer
to the question in my last message.

1. Term "list-owner" you are getting automatically when subscribe to Frame
list, is a good cause for a comp. lawyer starting to prove "the collective
property" of this list that Jeremy G. referred, and your right to the part
of property and to the percent of ads royalty. Consult with your lawyers.
:-))

2. If you once traveling/visit, say, SE Asia, you may draw attention to the
long advertising excide intervals in the satellite TV translation service of
US/European TV channels like Animal Planet, Discovery, Hallmark etc.  These
excide (cutting) empty intervals have a text remark like "This ads is not
authorized to show here".

3. The same mechanism have all mobile telephone satellite translators. When
they winged their way over the unauthorized region, the translation service
is turned off.

4. I doubt the owner of Frame User server has a national state licence (not
US !) for broadcast advertising in Russian, or Chinese, or French, or Sweden
territory (as a sample only). 
When he/she send me a your message with ads, the domestic (national) laws
have broken with the US server owner. He/she may be prisoner during his/her
tourist/business visit to these countries (say, in Sweden). You can remember
Dmitri Sklarov/Adobe/DMCA precedent, IT IS THE SAME case. 

5. Moreover, if the owner of Frame User server wants to do the broadcast
advertising in Russian territory, he/she has to translate all publicity to
Russian. I am sure the domestic laws of many countries have the same rules. 

5. I see the alternative, if the owner of Frame User server makes two
options in the subscribing procedure - with ads, and without. With the right
of future list owner to choose.
 
Dm.

-----Original Message-----
From: Dmitri Yunov
To: 'Dick Gaskill '; 'framers@FrameUsers.com '
Cc: ''framers@omsys.com' '
Sent: 12.02.02 9:26
Subject: RE: Regarding the law: RE: Copyright in email postings

Dick, you've touched the very serious questions. In most I deeply
disagree
you, sorry. 

Before I start to answer, please specify what concrete any US owner of
$500
computer win FreeBSD, direct internet access and registered domain name
can
do with my (Russia), Hedley (AU), or, say, Lu (China) messages? 

There are four countries with very different laws.

We suppose for your answer the US list server owner 
a) does not break US laws; 
b) does not break the common human rights of foregn list-owners ;
c) does not break the domestic laws of list owners (In our sample there
are
AU, Russia, China laws; the ads of some things and notions is forbidden
in
other regions/countries. Even via internet (sic!));
e) does not break the common people rules of international user lists
and
communities;

I'm all ears. 

:-)

Dm.






-----Original Message-----
From: Dick Gaskill
To: framers@FrameUsers.com
Cc: 'framers@omsys.com'
Sent: 12.02.02 8:23
Subject: OT: Regarding the law: RE: Copyright in email postings

Hmmm... interesting opinions, Hedley and Dimitri, but they are not
necessarily the law. Even if they were the law in the Australia where
you
live, Hedley, and/or the law in Russia where you live, Dimitri, that
does
not mean they apply here in the USA where Brad is and where the list
server
is located.  If any laws apply to what Brad can do, it would be US laws
because that's where the server is located.   I have seen many copyright
notices and software licenses (in my manuals over many years) that say
exactly that.

So, unless anyone can quote me a US law that says Brad cannot add up to
6
lines of text to the messages on this list, I'll assume he has the legal
right to do so.  And it doesn't matter to me anyway. I usually skip past
all
ads.  The only time I actually look at ads is when I delete them when
replying to or forwarding messages. 

So, folks, let's be done with this issue and get back to real Frame
topics. 

Dick

==========================

-----Original Message-----
From: Dmitri Yunov [mailto:yudmi@star.spb.ru]
Sent: Monday, February 11, 2002 7:09 PM
To: framers@FrameUsers.com
Subject: RE: Copyright in email postings [was 'Re: History lesson (VERY
LO NG)']


-----Original Message-----
From: hedley_finger@myob.com.au
To: framers@FrameUsers.com
Sent: 12.02.02 5:25
Subject: Copyright in email postings [was 'Re: History lesson (VERY
LONG)']


All:

<...>

Sixth, now that Brad intends to insert paid advertising in broadcast
messages, contributors may reasonably expect a share in the revenue from
those advertisments.  The members, by belonging to the list, constitute
a captive readership that Brad delivers to his advertisers.  But the
reason those readers subscribe to the list is not to read advertisements
but
messages.  As creators of the content, contributors are entitled to
fees, just as recording companies are entitled to fees when radio
stations
play copyright music [] .  
<...>
A good sample, thanks, Hedley. 
Legally talking there is an attempt to use commercially the people
public
interest getting a free and informal help in some common sphere of
interest
(Frame and Frame+SGML use specifically) like "sharing knowledge" and
"brainstorming" :-) ...

And I agree any writer has full rights to protect whole his/her message
against any adv additions and any commercial using.

Rgrds,
Dm.

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