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Subject: Re: Here's some Shock for all of You: It's Art!

Author: Uri Blass

Date: 11:08:00 04/06/03

Go up one level in this thread


On April 06, 2003 at 12:18:11, Robert Hyatt wrote:

>On April 06, 2003 at 07:23:09, Uri Blass wrote:
>
>>On April 06, 2003 at 03:53:34, Uri Blass wrote:
>>
>>>On April 06, 2003 at 01:53:08, Uri Blass wrote:
>>>
>>>>On April 05, 2003 at 23:01:41, Robert Hyatt wrote:
>>>>
>>>>>On April 05, 2003 at 04:14:07, Amir Ban wrote:
>>>>>
>>>>>>On April 04, 2003 at 22:26:02, Robert Hyatt wrote:
>>>>>>
>>>>>>>On April 04, 2003 at 16:58:31, Amir Ban wrote:
>>>>>>>
>>>>>>>>On April 04, 2003 at 13:36:23, Bruce Moreland wrote:
>>>>>>>>
>>>>>>>>>
>>>>>>>>>Correct.  Also, I did not reproduce the emails in whole, instead I quoted from
>>>>>>>>>them.  I had some interest in preserving the author's copyright.  If hairs are
>>>>>>>>>split, it may be found that I was a little loose with this, but on the other
>>>>>>>>>hand, the email to me also contained copyrighted material (the "art").
>>>>>>>>>
>>>>>>>>
>>>>>>>>You are crazy if you are going to be defensive about this. I don't know where
>>>>>>>>the posters of this newsgroup got the queer notion that publishing an email or
>>>>>>>>letter you received is not legal, or a breach of copyright. It's not. A letter
>>>>>>>>you received is your property to do whatever you want with it.
>>>>>>>
>>>>>>>This is actually wrong.  The author of the email actually holds the copyright
>>>>>>>as the originally wrote it.  IE if I write a paper and send you a draft to
>>>>>>>review you can _not_ publish it yourself.  This has been tested in usenet
>>>>>>>newsgroups on more than one case.
>>>>>>>
>>>>>>
>>>>>>Copyright and generally IP rights are about using or taking credit for something
>>>>>>created by another. There's no such issue here. You can send me a nobel prize
>>>>>>winning paper and if I post it here and say "Bob wrote me this" it's prefectly
>>>>>>ok. You can ask me to keep it secret, but you'd better clear this with me before
>>>>>>sending, because I don't have to agree.
>>>>>
>>>>>As I said, this is wrong.  When I write something _I_ and only _I_ hold the
>>>>>copyright to that something.  And if you publish it, without my permission,
>>>>>you are in violation of international copyright law.
>>>>>
>>>>>I've had to sit thru multiple presentations about this over the years, as it
>>>>>is a critical point in internet procedures.  The main point of copyright law
>>>>>is the _author_ holds the copyright and doesn't give it up unless he does so
>>>>>in writing.  IE just because I send you something does not give you permission
>>>>>to publish it, even crediting me, unless I specifically give you permission to
>>>>>do so.
>>>>>
>>>>>This has gotten many people into great trouble over the years.  (not me
>>>>>fortunately).
>>>>
>>>>I supsect that it may be dependent on the country that you live and what is
>>>>legal in one country may be illegal in another country.
>>>>
>>>>I think that fair laws should not give the author of a letter copyright and
>>>>everybody who get a letter should be allowed to publish it when he does not hide
>>>>the source.
>>>>
>>>>The only exception is if the sides did an agreement that everything that is
>>>>between them is secret.
>>>>
>>>>It is absurd if an enemy can send me letters and write things against me and
>>>>later sue me if I publish the exact words.
>>>>
>>>>I believe that the rules in USA are not fair rules so they support this absurd.
>>>>
>>>>I am not a lawyer and I do not know the rules in Israel but I asked about them
>>>>in a forum of law in Israel and I expect to get a response.
>>>>
>>>>Uri
>>>
>>>Here is a link for the law in Israel(in hebrew)
>>>
>>>http://www.tapuz.co.il/tapuzforum/main/articles.asp?id=434&art_id=7
>>>
>>>
>>>chapter a(it is alef but I translate hebrew letter to english letters) explains
>>>what is illegal to do against privacy:
>>>
>>>2.5 in chapter a says that copying a letter without agreement of the author is
>>>illegal if the letter has no historic value.
>>>Another case when it is legal to publish the content of the letter is in case
>>>that 15 year passed from the writing of the letter.
>>>
>>>6 in chapter a says that if there is no real demage to the author there is no
>>>right for the author to complain.
>>>
>>>Uri
>>
>>
>>I understood the law wrong
>>
>>I see that it talks about a third side that publish the letter and not about a
>>case when the person who got the letter published it.
>>
>>Here is another link
>>
>>I got this link as a response to my question in the relevant forum.
>>http://www.tapuz.co.il/tapuzforum/archive/viewmsg.asp?id=145&msgid=12659522
>>
>>Translation of the link for english:
>>
>>branch 2(5) of the law forbid to copy a letter that was not supposed to be
>>published without permission of the writer or the addressee.
>
>I don't see how you get from the above (forbit to copy a letter that was not
>supposed to be published without permission) to
>
>
>>
>>It means that usually publication of the letter is not against the law.
>>exceptions are when there is agreement about secrets 2(8) or use of knowledge
>>about private secrets of a person 2(9).
>>
>
>
>the above.

The law mean that C cannot publish a letter from A to B without permission of
one of A and B.

If permission of one is enough then it means that B has the right to publish the
letter.

Note that it is only the law in Israel and I understand from what I read here
that the law is not the same in USA.



>
>I believe that international law says that the author holds the copyright on
>anything he writes.  And that the publisher has to have permission to publish
>something he did _not_ write.  Anything else takes a huge chance...

If the publisher is a third side then it is clear that he has to have
permission.

If the publisher is not a third side then I guess that it is dependent on the
country and there is not one law in all countries.

Uri




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