[net.news] Macintosh testifies in court...

roy@phri.UUCP (07/15/86)

In article <451@hplabsc.UUCP> hplabs!taylor writes:
[An interesting article about a MacIntosh computer used in a courtroom.]
> (above, without permission, from A+ Magazine, August '86, page 16,
> column News and Views, by Frederic E. Davis)

	Since the recent brou-ha about the "Man of Steel, Woman of Kleenex"
story posted to net.comics (I think that's where it was), I've been more
atune to the posting of copyrighted material.  I was somewhat surprised to
see the above-quoted article this morning in, of all places, a moderated
news group.

	I don't know why people think that citing a source and then adding
"reprinted without permission" makes it all right to violate copyright.
If I steal some money from you, but then am careful to let people know who
it really belongs to when I spend it, have I lessened the crime any?

	Why am I especially surprised to see it in a moderated group?  One
of the reasons people are pushing mod groups (although not the major
advantage over net groups in my opinion) is so when (and if) stargate
becomes a reality, there will be somebody at the controls to prevent
exactly this sort of bad posting practice that might cause legal problems.

-- 
Roy Smith, {allegra,philabs}!phri!roy
System Administrator, Public Health Research Institute
455 First Avenue, New York, NY 10016

werner@ut-ngp.UUCP (07/15/86)

In article <2389@phri.UUCP>, roy@phri.UUCP (Roy Smith) writes:
> In article <451@hplabsc.UUCP> hplabs!taylor writes:
> [An interesting article about a MacIntosh computer used in a courtroom.]
> > (above, without permission, from A+ Magazine, August '86, page 16,
> > column News and Views, by Frederic E. Davis)
> 
> 	Since the recent brou-ha about the "Man of Steel, Woman of Kleenex"
> story posted to net.comics (I think that's where it was), I've been more
> atune to the posting of copyrighted material.  I was somewhat surprised to
> see the above-quoted article this morning in, of all places, a moderated
> news group.
> 



Given that Dave (hplabs!taylor) was not the original author, but I, let me
jump up and confess/explain.

(And this is not going to be a legal argument over copyrights and lost revenues)

I'm in the habbit of giving references of the sources where I gather my
information, both to give credit and to cover myself to indicate that I do not
take it on to guarantee the correctness of the information.

In the above case, I had the option (other than not bringing the information
to your - the net's - attention) to summarize or reword the paragraph, but
I prefered to pass it on pretty much verbatim.  So, at the end, I went over-
board and stated "above, without permission", rather than something like
"I got this information from ..".  I did this, in a way, because I am very
much aware of the problem, and I wanted to put the moderator on the alert
to evaluate if what I typed in (a brief news item) was more than should be
quoted.  In a way I stood up and said:  "I think it's ok (as I am doing it)
but I am not sure if it's 'totally legal'" ....

It's kind of the old "if you have to ask, the answer is NO" aspect of life.

I quite often and liberally type in excerpts (I don't really have time to type
in more) of items in print, and I always make a little extra effort to
encourage the reader to buy his own copy of the "complete" original.
In that sense, I feel that the interested reader will say: "hey, I might have
missed this piece of information;  maybe I should get this magazine."

Now I don't care to have a discussion or argument about this, it is a matter
of individual case-by-case evaluation, and I have no doubt that there will
always be someone that would do things different.  Such is life.

Walking a legal-tightrope has kind of become an aspect of life, it seems.
When you drive your car, fill out your tax-forms, even if you should forget
to check what the laws are like in the particular state that you happen to
spend your honeymoon vacation in .... ((-:

In summary, I share your concern, and I do try to adjust my postings to stay
within the envelope of current generally accepted net-etiquette.  I hope,
that I did not, accidentally, step over the line.

Please also note, that my posting was done not on USENET, but propagated here,
automatically, in the case of gatewayed news-groups INFO-MAC, INFO-LAW, and
HUMAN-NETS, and, in the case of mod.comp-soc, it was manually picked up.

We used to have the problem that articles considered inappropriate were
propagating through gateways into the ARPAnet, and folks there huffing and
puffing about the 'low-lives' on USENET ...  Let's hope, with this StarGate,
we don't see an over-reaction in this corner of 'World-Net' - otherwise,
I'd rather say "to hell" with the commercial and lawyer world we have to
deal with to be able to have Stargate as presently perceived.  Actually,
from all I pick up about it, that is, pretty much, already my conclusion.

I'm afraid, what is going to come through Stargate will have not much
similarity to what we have become accustomed to over the years.  So be it.
There should be enough opportunity to network with local phone-calls now
with the increasing number of machines everywhere.

But, there definitely are good reasons to go ahead with Stargate, so I'm 
not knocking it at all.  But it will be a rich man's network ....


> 
> 	I don't know why people think that citing a source and then adding
> "reprinted without permission" makes it all right to violate copyright.
> If I steal some money from you, but then am careful to let people know who
> it really belongs to when I spend it, have I lessened the crime any?
> 


And I don't know why "citing a source" and indicating "without permission"
makes a brief quote a copyright violation.  I do think, however, that I
probably should not have raised the question by making such a statement.
But I surely would want to indicate the source as I cannot vouch for the
information.

> 	Why am I especially surprised to see it in a moderated group?  One

Well, maybe it should have given you cause to Email the moderator and asked
why he thought the article was not improper;  having such a discussion in
a news-group is a lot more commotion and takes more effort.  If a private
conversion doesn't satisfy you, you can still start a public discussion
later.

> One of the reasons people are pushing mod groups (although not the major
> advantage over net groups in my opinion) is so when (and if) stargate
> becomes a reality, there will be somebody at the controls to prevent
> exactly this sort of bad posting practice that might cause legal problems.

Yeah, it's going to be "lawyers left and right" - I can hardly wait ...

		---Werner

shor@sphinx.UUCP (07/16/86)

In article <2389@phri.UUCP> roy@phri.UUCP (Roy Smith) writes:
>In article <451@hplabsc.UUCP> hplabs!taylor writes:
>[An interesting article about a MacIntosh computer used in a courtroom.]
>> (above, without permission, from A+ Magazine, August '86, page 16,
>> column News and Views, by Frederic E. Davis)
>	I don't know why people think that citing a source and then adding
>"reprinted without permission" makes it all right to violate copyright.
>If I steal some money from you, but then am careful to let people know who
>it really belongs to when I spend it, have I lessened the crime any?

I believe that the quote from A+ would be considered "fair use," in
that it was a short excerpt and probably did not damage sales of the
magazine.  The point here is that it does not necessarily violate
copyright laws to quote copyrighted materials;  the restrictions are
on the type and extent of quoting done.  A (probably *the*) major
problem with fair use is that it has never been fully defined to
anyone's satisfaction.  There are, however, quotations and excerpts
that would clearly considered to be fair use, and it seems to me that
the quote from the article about the Mac in court would fall into
that category.
-- 
Melinda Shore                               ..!ihnp4!gargoyle!sphinx!shor
University of Chicago Computation Center    XASSHOR@UCHIMVS1.Bitnet

bobg@paladin.UUCP (07/16/86)

In article <2389@phri.UUCP>, roy@phri.UUCP writes:
> In article <451@hplabsc.UUCP> hplabs!taylor writes:
> [An interesting article about a MacIntosh computer used in a courtroom.]
> > (above, without permission, from A+ Magazine, August '86, page 16,
> > column News and Views, by Frederic E. Davis)
> 
> 	I don't know why people think that citing a source and then adding
> "reprinted without permission" makes it all right to violate copyright.
> If I steal some money from you, but then am careful to let people know who
> it really belongs to when I spend it, have I lessened the crime any?
> 

	In todays world, almost anything worth discussing is 
copyrighted. If we were to gather in an informal group and discussed the
matter, that would be no violation of copyright (right?).

	If we can't discuss copyrighted topics on the net,
just what CAN we talk about, without fear from legal action?

	I don't like writing this letter, but it seems to be one of
the few letters open only to verbal abuse, not legal abuse.
(I would rather use the net as an information database of sorts)

	Can't we just say the acticle from A+ Magazine is posted as
reference material? - Isn't siting the source and author sufficient?

	I might be living in my own little world, but I would appreciate
it if someone could explain to me what is so wrong here.

			thanks for your time,
			Bob Goldberg


-- 

From the world of Paladin:
ihnp4!gargoyle!paladin!bobg    (Bob Goldberg)

tim@ism780c.UUCP (Tim Smith) (07/18/86)

In article <21@paladin.UUCP> bobg@paladin.UUCP (Bob Goldberg) writes:
>	In todays world, almost anything worth discussing is 
>copyrighted. If we were to gather in an informal group and discussed the
>matter, that would be no violation of copyright (right?).
>
Right.

>	If we can't discuss copyrighted topics on the net,
>just what CAN we talk about, without fear from legal action?
>

There is no problem with discussing copyrighted stuff.  There is a problem
with copying coyrighted stuff.  So, for example, I can say "The movie
reviewer for the L.A. times did not like _The_Attack_of_the_50_foot_
Corn_from_Iowa_, because he said it was just a remake of _Giant_Devolved_
Pickles_from_Ohio_", and start a discussion on the net.  But I can't
say "Here is a review from the L.A. Times" and post the entire review.
-- 
Tim Smith                       USENET: sdcrdcf!ism780c!tim || ima!ism780!tim
"hey, bay-BEE'...hey, bay-BEE'" Compuserve: 72257,3706
				Delphi || GEnie: mnementh