Re: Rec Bikes Tech's other incarnation

Dans le message de news:pan.2006.01.07.18.43.10.888448@xxxxxxxxxxxxxxx,
Matt O'Toole <mattotoole@xxxxxxxxxxxxxxx> a réfléchi, et puis a déclaré :
> On Fri, 06 Jan 2006 13:11:50 +0000, Jasper Janssen wrote:
>
>> Posting to usenet does *not* imply donating to the public domain. It
>> implies permission to distribute and copy the message in the regular
>> process of usenet (given the way it functions), and it implies
>> permission to quote and it and use those quotes in postings that are
>> similarly widely distributed. But that's not public domain by a long
>> shot.
>
> This is my (layman's) opinion too, but has it been tested in court
> anywhere?
>
> Matt O.

Well, public domain is a tricky area. If, as JJ posited, there is an
implicit permission to copy and distribute, it fails to remain personal IP.
There is not, so far as I have seen, a case which tests this Usenet limits,
but private correspondence, _not_ intended for wide distribution, is subject
to use inconsistent with IP property rules. For example, employee use of
company e-mail facilities to send personal mail, typically vitiates the
rights of privacy, and those writings can be used by the employer (parts of,
and under special circumstances) directly against the employee. In Europe,
this can amount to a battle between protecting the human rights of
individuals to their personal liberties (especially of expression) and the
corporate right to have its resources used exclusively for corporate
purposes.

The best defense against copyright claims, in this forum, is their inherent
lack of originality or uniqueness. This is often seen where someone parrots
an "authority" in order to gain peer acceptance. The thoughts offered are
far from original - can even be directly derived from texts previously
having IP characteristics - and threaten the integrity of the source
copyright materials.

A significant element undermining IP rights is the transborder nature of
publication, where rights in one jurisdiction may well not obtain protection
elsewhere. But law is a lot more boring that riding, so let me get the bike
ready for the morning ride ...
--
Sandy
--
Il n'est aucune sorte de sensation qui soit plus vive
que celle de la douleur ; ses impressions sont sûres,
elles ne trompent point comme celles du plaisir.
- de Sade.


.

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