[talk.politics.theory] Ignorant statements about mail ownership yet again

weemba@garnet.berkeley.edu (Obnoxious Math Grad Student) (09/02/88)

I think it's time that something about this was put in n.a.newusers,
considering how often this brand of ignorance comes up.  I'm directing
followups to news.misc.

Disclaimer: I am not a lawyer, but I have read what lawyers have said
about copyright, both on the net and in books.  Believe at your own risk.

>>Setting aside *******'s apparent serious breach of net-ethics by
>>publishing someone's email without permission,

>Once delivered, mail is the property of the recipient.  Its dispensation
>is at the sole discretion of the owner, including publishing via
>whatever medium he/she chooses.  This is not just libertarian rhetoric.
>The concept is actually applied by the U.S. Postal Service!

If you are referring to surface mail, **copyright** is maintained by
the sender.  The recipient *owns* the mail, but absolutely zero rights
to publish it any form--and those rights are what copyright is all about
in the first place.  The letter is *born* copyrighted; there is no need
for any explicit (C) kind of indications.

This has been tested--successfully--in court, most notably in the recent
J D Salinger lawsuit.  The letters in question were sent to someone half
a century ago, and said someone eventually donated or sold them--as was
the recipient's rights by way of owning the "letter" (as opposed to own-
ing the "words") and eventually they ended up in Princeton University's
library, if I remember correctly.  Princeton can exploit its ownership
in many ways: putting the letters on display, keeping them locked up,
lending them to a Salinger museum, whatever.  But Princeton has no rights
to *publish* the letters without the copyright holder's permission, nor
can anyone else.

This isn't very subtle: just because I spent a quarter for the local
newspaper, does not mean I can now exert my "ownership" of this copy
of the paper and run an optical scanner on the paper and post the
results to Usenet.  (Thank God!)  I can do other things, though, like
give or sell my newspaper to someone else.

If ******* plans someday to be the first volunteer to test this prin-
ciple in court with regards to *electronic* mail, he's welcome to it.
Of course, if the rest of us call him "stupid" or "foolhardy" for this
line of action, he shouldn't be too surprised.

ucbvax!garnet!weemba	Matthew P Wiener/Brahms Gang/Berkeley CA 94720