Re: Where is the Searchable Applescript-users Archive?
Re: Where is the Searchable Applescript-users Archive?
- Subject: Re: Where is the Searchable Applescript-users Archive?
- From: "Ray Barber" <email@hidden>
- Date: Mon, 05 Mar 2001 17:20:03 -0600
Couldn't of said it better myself ... :)
What Bill is saying is *very* true. The very foundation of this list,
regardless of who supports it on the backend, is *funded* by the very people
who post here to make it what it is ...
You can only stretch this copyright/fair use stuff so far then it becomes
absolutely useless for the folks who come here to learn and to offer help.
Obviously, this would include the list archives too.
Kudos Bill !
Ray~
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From: Bill Cheeseman <email@hidden>
>
To: AppleScript-Users Mail <email@hidden>
>
Subject: Re: Where is the Searchable Applescript-users Archive?
>
Date: Mon, Mar 5, 2001, 4:24 PM
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>
on 3/5/01 1:36 PM, Chuq Von Rospach at email@hidden wrote:
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>
> There is absolutely no question that it is NOT public domain. None at all.
>
> It's not. Period. Under any interpretation of the copyright codes. The only
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> question is what qualifies under "fair use", and what the acceptable usage
>
> of the archives under our terms of service are. And I guess I need to go
>
> make those explicit (sigh), to save having these discussions in the future.
>
>
Chuq, you can only be that sure of the answer if you are NOT a copyright
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lawyer. When you actually litigate copyright issues in court as a lawyer (as
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I have done), you learn humility real quick. The answers are rarely clear,
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until the judge tells you what the answers are and his ruling survives all
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appeals.
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>
For example, the U.S. Supreme Court says that anybody can copy the
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information in the telephone book and publish it themselves, if they want
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to. Same goes for all similar collections of data. It doesn't matter that it
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cost the first publisher a lot of money to compile the information.
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According to the Supreme Court, it isn't a matter of fair use at all, but of
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whether the information is copyrightable in the first place. The phone book
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isn't. Where the line gets drawn, as a collection of data becomes more
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"original" or "creative," is hard to determine, and there have been a lot of
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court decisions on that question in the years since the key Supreme Court
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decision. There is at least a reasonable question whether a mechanically
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(electronically) assembled collection of e-mail posts by multiple authors is
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copyrightable at all.
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>
You can certainly clarify the situation by writing some rules into the
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"contract" we all become subject to by using the list. But even that won't
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nail it down for certain. And if you go overboard, you will discourage
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participation by those of us who take contracts seriously.
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>
Bear in mind, in writing the contract, that many of us (presumably all of
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us) contribute to the list for the very purpose of making our communications
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public. I, for one, hope that anything I say on the lists that has value is
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disseminated as widely as possible. As for my e-mail address, I make it
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public in order to encourage others to communicate with me. My spam filter
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and my thick skin work pretty well to keep out the undesirables. In posting
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a message to this list, I certainly do NOT intend to give Apple Computer a
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copyright in what I said. If you write a contract that purports to give
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Apple exclusive ownership of what I said, I'll stop participating. So please
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exercise restraint. If you have to assert Apple's ownership of a copyright
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in the list, please limit Apple's claim of ownership to the collection as a
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whole, not the individual pieces of it that were contributed by individuals.
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>
--
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>
Bill Cheeseman, Quechee, Vermont <mailto:email@hidden>
>
>
The AppleScript Sourcebook
>
<http://www.AppleScriptSourcebook.com>
>
Vermont Recipes-A Cocoa Cookbook
>
<http://www.stepwise.com/Articles/VermontRecipes/>
>
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