[net.news] Followup on "Man of Steel, Woman of Kleenex" copyright problem

chuq@sun.uucp (Chuq Von Rospach) (07/01/86)

I have a followup on the recent problem with the inadvertant posting of the
copyrighted story "Man of Steel, Woman of Kleenex" by larry niven.  Today I
received a letter from Niven, which follows:

						June 24, 1986
						Larry Niven
						Tarzana, CA

Dear Mr. Von Rospach,

	Many thanks for being alert in my behalf.

	Nothing's going to come of it, though.  I make some efforts to guard
my copyrights, but I'd rather spend my time writing than in court.  It
sounds like I would have a hard time even finding a perpetrator.

	Asides from that, Man of Steel/Woman of Kleenex is an old story and
makes a great joke.  I can't think that I've been seriously harmed.

	So Mr. Crist is safe...but you need not tell him that.  Please
inform him, instead, that Mr. Niven thinkgs he's picked up a bad habit.

					Best wishes, etc...

---

Editorial comments:

First, I'm glad that the situation is settled and won't go any further.  At
least we KNOW we won't be expecting summon's sometimes.  By cooperating with
the author and giving him the option to decide where to proceed, we make it
easier for them to not have to force our hand.  I AM glad, though, that the
story was a Niven story and not an Ellison...

None of this obviates the problem of posting copyrighted material.  DON'T do
it.  Period.  If you aren't sure, don't take the chance.  Not all authors
are as nice and easy going as Niven.  Some have lawyers, and aren't afraid
of using them.  We aren't small, and we aren't chickenfeed anymore, and
don't give them the opportunity to set precedencts with our network.

chuq


-- 
:From the lofty realms of Castle Plaid:          Chuq Von Rospach 
chuq%plaid@sun.COM	FidoNet: 125/84		 CompuServe: 73317,635
{decwrl,decvax,hplabs,ihnp4,pyramid,seismo,ucbvax}!sun!plaid!chuq

Dessert is probably the most important stage of the meal, since it will be
the last thing your guests remember before they pass out all over the table.
					-- The Anarchist Cookbook

nick@hp-sdd.UUCP (Nick Flor) (07/01/86)

In article <4652@sun.uucp> chuq@sun.uucp (Chuq Von Rospach) writes:
>I have a followup on the recent problem with the inadvertant posting of the
>copyrighted story "Man of Steel, Woman of Kleenex" by larry niven.  Today I
>received a letter from Niven, which follows:
>
>						June 24, 1986
>						Larry Niven
>						Tarzana, CA
>
>Dear Mr. Von Rospach,
>
>	Many thanks for being alert in my behalf.
>

What some people will do to get a letter from a famous writer (I believe
he wrote the Mote in God's Eye with Jerry Pournelle) is beyond me.
Hope you didn't throw that one away. 

Tattletale. :-)

Nick
(
 Um, normally I wouldn't post such nonsense on the net, but I have been
 re-educated by certain people on net.comics "hey, it only costs
 a few pennies to post news" (you know who you are) Nevermind
 that the cost expands geometrically.  Nevermind that the backbone
 sites paid ~500K 2 years ago for news and that it costs more now.
)

"Umuhmuhmuhmuhmuhmuh I'm gonna tell mom on you!!!!"
-- Every little kid

"Good Soldier"
-- The Dark Knight

chuq@sun.uucp (Chuq Von Rospach) (07/02/86)

I'm going to assume you're trying to be humourous and not demeaning, and 
answer this straight...

> What some people will do to get a letter from a famous writer (I believe
> he wrote the Mote in God's Eye with Jerry Pournelle) is beyond me.
> Hope you didn't throw that one away. 

I don't throw ANY letter I get from an author away, because they come in 
handy when I need to prove to the IRS that things like my CompuServe account
really are professional deductions and that I really truly am a writer who
deserves to take his postage bill (somewhere around the size of the federal
deficit) off as a business deduction.

More seriously, in this case, if for some reason Niven changes his mind
in the future, we have documentation of a good faith action to working with
Niven on this case.  That will go a long way towards protecting the net from
any damages claim that may occur -- we have documentation that Niven knew
about the problem and declined action on it.

> Tattletale. :-)

Damn Straight.  Usenet is not above the law, despite the appearances and the
actions of a few low-lifes.  We've played far and wide with copyright over
the years, from posting Joe-Bob every week to this latest mistake.  When
Usenet was 100 users on 50 sites, practicality says that it ins't a problem,
but 20,000 user on 2,000 sites is a significant audience. If WE don't police
ourself, someone else will do it for us.  It is CRITICAL that we show
ourselves to be cooperative when these things occur, because voluntarily
trying to reduce the damage of an infringement goes a lot way towards
keeping the author from geting pissed at us and the court from awarding
major damages.  As I said before, be glad the infringement was on Niven and
not Harlan Ellison.

> "Umuhmuhmuhmuhmuhmuh I'm gonna tell mom on you!!!!"
> -- Every little kid

no, my mother doesn't care about copyright.  I do, since I'm a writer, and I
plan to continue to care about it.  It is important for the net to realize
what the laws are and to follow them, or someone is going to get burned.


-- 
:From the lofty realms of Castle Plaid:          Chuq Von Rospach 
chuq%plaid@sun.COM	FidoNet: 125/84		 CompuServe: 73317,635
{decwrl,decvax,hplabs,ihnp4,pyramid,seismo,ucbvax}!sun!plaid!chuq

Dessert is probably the most important stage of the meal, since it will be
the last thing your guests remember before they pass out all over the table.
					-- The Anarchist Cookbook

flaps@utcs.UUCP (07/03/86)

>Today I received a letter from Niven, which follows:

Ha!  But did you ever worry about whether or not you were violating copyright
to repost this letter and put it in the public domain??  :-)

eric@cbmvax.cbm.UUCP (Eric Cotton) (07/03/86)

In article <4703@sun.uucp> chuq@sun.uucp (Chuq Von Rospach) writes:
>
>> Tattletale. :-)
>
>Damn Straight.  Usenet is not above the law, despite the appearances and the
>actions of a few low-lifes.  We've played far and wide with copyright over
>the years, from posting Joe-Bob every week to this latest mistake.  When
>Usenet was 100 users on 50 sites, practicality says that it ins't a problem,
>but 20,000 user on 2,000 sites is a significant audience. If WE don't police
>ourself, someone else will do it for us.

I agree, we should police ourSELVES.  That is why I have to agree with the
original poster about tattling.  I followed all the postings in reference to
this issue.  It seems to me that the original poster of Niven's work took
enough abuse from the net.police without the need to drag outside parties
into it.  I think we all learned a much needed lesson in net etiquette.
Granted, the posting was a stupid mistake, but there was no malicious intent,
and I feel that the poster was generally sorry for what he did.

>                                         It is CRITICAL that we show
>ourselves to be cooperative when these things occur, because voluntarily
>trying to reduce the damage of an infringement goes a lot way towards
>keeping the author from geting pissed at us and the court from awarding
>major damages.  As I said before, be glad the infringement was on Niven and
>not Harlan Ellison.
>

        Eric Cotton
--
"My hovercraft is full of eels."
/*========================================================================*/
/*====    UUCP: {ihnp4|allegra|seismo|pyramid!amiga}!cbmvax!eric      ====*/
/*====    ARPA: cbmvax!eric@seismo                                    ====*/
/*==== US mail: Commodore Technology / 1200 Wilson Drive              ====*/
/*====          West Chester, PA 19380                                ====*/
/*====   phone: (215) 431-9180                                        ====*/
/*========================================================================*/

jsdy@hadron.UUCP (Joseph S. D. Yao) (07/09/86)

In article <1986Jul2.233539.3816@utcs.uucp> flaps@utcs.UUCP (Alan J Rosenthal) writes:
[No attribution, but we all know it's Chuq]
>>Today I received a letter from Niven, which follows:
>Ha!  But did you ever worry about whether or not you were violating copyright
>to repost this letter and put it in the public domain??  :-)

Private correspondence is considered to be the property of
the addressee, who in this case has chosen to publish it
without any copyright attributions.

My [rhetorical] question:  did he make one copy, or 50,000?
Think about it.

======
This article is Copyright (c) 1986 by one or more of: the
above-named author or authors, the above-named organisation, 
and/or the United States Government.  Permission is hereby
granted to copy and re-use this article for any non-commercial
purposes, provided that no modification, addition, or deletion
to the header, this copyright notice, or the body of the article
is made, with the sole exception of local modifications to the
return-path needed for correctness.  Quoted extracts must be
properly attributed.  This permission is withdrawn from any
person, group, organisation, machine, or entity who sends useless
flames, which will in any case be consigned to /dev/null.
-- 

	Joe Yao		hadron!jsdy@seismo.{CSS.GOV,ARPA,UUCP}
			jsdy@hadron.COM (not yet domainised)

henry@utzoo.UUCP (Henry Spencer) (07/10/86)

> Private correspondence is considered to be the property of
> the addressee, who in this case has chosen to publish it
> without any copyright attributions.

If I am not mistaken, the physical letter is owned by the addressee *but*
the copyright on it remains with the author.  So it's not so clear-cut.
-- 
Usenet(n): AT&T scheme to earn
revenue from otherwise-unused	Henry Spencer @ U of Toronto Zoology
late-night phone capacity.	{allegra,ihnp4,decvax,pyramid}!utzoo!henry

clarke@utcsri.UUCP (Jim Clarke) (07/16/86)

In article <464@hadron.UUCP> jsdy@hadron.UUCP (Joseph S. D. Yao) writes:
>Private correspondence is considered to be the property of
>the addressee, who in this case has chosen to publish it
>without any copyright attributions.

This statement is correct, but insufficient:  The *physical correspondence*
belongs to the addressee, but the *copyright* belongs to the addressee.  So
Niven should have been asked for his permission for this too!

Disclaimer:  Two thoughts make me wonder about whether what I just said
applies in this case.  First, copyright law in the U.S. has always differed
from British and European practice, and the rule I quoted is British.  (If
you care, I know it because I misspent much of my later youth reading the
TLS instead of physics.)

Secondly, one frequently sees biographers (etc.) thanking owners of letters
from dead biographees for allowing the letters to be quoted.  Do the rules
change when the author is dead?  If I knew, you might be more inclined to
believe me.
-- 

Jim Clarke -- Dept. of Computer Science, Univ. of Toronto, Canada M5S 1A4
              (416) 978-4058
{allegra,cornell,decvax,ihnp4,linus,utzoo}!utcsri!clarke

chuq@sun.uucp (Chuq Von Rospach) (07/17/86)

> In article <464@hadron.UUCP> jsdy@hadron.UUCP (Joseph S. D. Yao) writes:
> >Private correspondence is considered to be the property of
> >the addressee, who in this case has chosen to publish it
> >without any copyright attributions.
> 
> This statement is correct, but insufficient:  The *physical correspondence*
> belongs to the addressee, but the *copyright* belongs to the addressee.  So
> Niven should have been asked for his permission for this too!

If you read the text of the original letter, Niven GAVE permission by
telling me to tell Ken what his thoughts were.  Since Ken had been upbraded
publicly, the final resolution should also have been made publicly, which 
I did.

This is an amazingly silly nitpick, by the way.  It never fails to amaze me
how the network can spend amazing amounts of time on mindless arguments...
> Secondly, one frequently sees biographers (etc.) thanking owners of letters

> from dead biographees for allowing the letters to be quoted.  Do the rules
> change when the author is dead? 

No. After a period of time, it all falls into the public domain.  If the
letters are donated to a library or some such, so do the rights.  There was
recently a HUGE volume of letters by John W. Campbell, Jr. published, and a
great deal of time and effort was spent securing rights from Conde Nast (the
publisher he worked for) and his widow to do so.  When someone dies, rights
are transferred to their estate just like every other property.

chuq
-- 
Chuq Von Rospach	chuq%plaid@sun.COM	 CompuServe: 73317,635
		{decwrl,hplabs,ihnp4,seismo}!sun!plaid!chuq

	O how they cling and wrangle, some who claim
	Of Brahamana and recluse the honoured name!
	For, quarrelling, each to his view they claim,
	Such folk see only one side of a thing.
		-- Buddha -- The Elephant and the Blind Men

clarke@utcsri.UUCP (Jim Clarke) (07/18/86)

In article <5175@sun.uucp> chuq@sun.uucp (Chuq Von Rospach) writes:
[about something I wrote, though the reference seems to have been dropped]
>>                                         .... The *physical correspondence*
>> belongs to the addressee, but the *copyright* belongs to the addressee.  So
                                                                ^^^^^^^^^
>> Niven should have been asked for his permission for this too!
>
>If you read the text of the original letter, Niven GAVE permission by
>telling me to tell Ken what his thoughts were....
>This is an amazingly silly nitpick, by the way.

(As well as containing an amazingly silly mistake, in which I typed "addressee"
for "sender".)  Sorry -- it wasn't meant as a nitpick, exactly because Niven
had encouraged the publication of his letter.  It was meant as a point of
information, the amazing triviality of which was perhaps offset by its
obvious relevance to a discussion of copyright.  Perhaps not.  Didn't mean
to offend.

>> Secondly, one frequently sees biographers (etc.) thanking owners of letters
>> from dead biographees for allowing the letters to be quoted.  Do the rules
>> change when the author is dead? 
>
>No. After a period of time, it all falls into the public domain.  If the
>letters are donated to a library or some such, so do the rights.  There was
>recently a HUGE volume of letters by John W. Campbell, Jr. published, and a
>great deal of time and effort was spent securing rights from Conde Nast (the
>publisher he worked for) and his widow to do so.  When someone dies, rights
>are transferred to their estate just like every other property.

I'd complain about how trivial this is, too, except that I find it interesting.
Thanks.
-- 

Jim Clarke -- Dept. of Computer Science, Univ. of Toronto, Canada M5S 1A4
              (416) 978-4058
{allegra,cornell,decvax,ihnp4,linus,utzoo}!utcsri!clarke