[news.misc] SF columnist on the Worm, suggests new terminology.

csg@pyramid.pyramid.com (Carl S. Gutekunst) (11/20/88)

[Time to move this discussion to news.misc.]

It has been pointed out to me by several people (notably RFW Clark, thanks)
that my reply to Dirk was pretty snot-nosed. I've been embroiled in a lot of
really stupid copyright arguments over the last few months, and have long
since gotten exasperated with people who like to write lengthy postings, but
who don't know the first thing about copyright law. So here comes Dirk, with
an intelligent, reasonable posting fer Gawdsake, and I act like an idiot. I'm
sorry Dirk. Let me try to answer your posting with equal intelligence. 

In article <735@faui10.informatik.uni-erlangen.de> (Dirk Husemann) writes:
>	I'm not so sure about that: At least in West Germany the copyright
>laws state that news (as printed in newspaper articles) receive protection
>only for a very limited time (~ 2 days or so). As West Germany signed the
>international copyright treaty, I can imagine that this rule originates there.
>The USA did sign this treaty recently, also, thus it could be the case that
>the copyright protection for news is restricted in the US also!

I haven't kept up on the discussion on the international copyright agreement;
last I knew for sure, the U.S. was still balking over a number of many items,
notably copyrights on fonts (which many countries do not recognize). A U.S.
signing would normally mean nothing to publications within America, however;
a separate act of congress is necessary to change the existing laws as they
apply within the U.S.

I hadn't heard of a two-day limit on newspaper articles, although I can see
where it makes sense, and can also see where the publishing industry in the
U.S. would scream bloody murder over it. Newspapers in the U.S. print a lot of
articles that are not, strictly speaking, "news." There are columns, features,
and "research" papers that are equally relevant (or irrelevant) over time. And
these are what sell papers in the U.S., not the news.

With regard to Jon Carroll's column, the Chronicle's Legal Department flatly
stated that posting of the column to Usenet without prior written permission
was a violation of their copyright. The lawyer was a little irked, apparently
since one other computer bulletin board *had* written for permission before
posting. The lawyer was willing to ignore the violation if the article was
cancelled. (I do wonder what he would have done if it was not -- how would he
know?)

The lawyer implied, but did not state explicitly, that they owned full rights
to the column. Even still, I would not unilaterally cancel a posting that had
Carroll's blessing, since he has accepted resposibility. (Note that I, as an
employee of Pyramid Technology, cannot post software I developed here; I don't
own the copyright. But for all the articles I have ever published, I retained
copyright.) I haven't called the lawyer since the reposting since he isn't in
on weekends :-), but I wonder if he and Carroll would say the same things? 

<csg>

dkhusema@faui44.informatik.uni-erlangen.de (Dirk Husemann) (11/21/88)

From article <47795@pyramid.pyramid.com>, by csg@pyramid.pyramid.com (Carl S. Gutekunst):
> [Time to move this discussion to news.misc.]
> 
> It has been pointed out to me by several people (notably RFW Clark, thanks)
> that my reply to Dirk was pretty snot-nosed. I've been embroiled in a lot of
> really stupid copyright arguments over the last few months, and have long
> since gotten exasperated with people who like to write lengthy postings, but
> who don't know the first thing about copyright law. So here comes Dirk, with
> an intelligent, reasonable posting fer Gawdsake, and I act like an idiot. I'm
> sorry Dirk. Let me try to answer your posting with equal intelligence. 
  ^^^^^^^^^^

	It's okay - I didn't get that reply anyhow (Sometimes West Germany
seems to be "off-line" concerning news ...)! Your article cleared the issue,
though, I think !
> 
> ...

	Dirk Husemann

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