[IP] On the passing of full text on large mailing lists
I will add my comments. For a long time, I sent small snips and URLs.
In the world of limited bandwidth mobile communications and people who
still spool mail, I got endless complains . Also many many people will
just not hit a url anymore that comes via email.
I used to use an abstracting program which hit a fair middle ground. I
continue to look for and would use a decent auto-abstracting program If
anyone has one either via the web or for the mac, do let me know..
Also I happen to disagree that the Times looses revenue (well much if
any). I always include to URL and will most likely include their email
based advertisement they supply. Many will go the the web site to
explore more -- even those who hate the Times.
Enough said
Dave
Begin forwarded message:
From: Peter Wayner <pcw@xxxxxxxxxxx>
Date: July 8, 2004 9:36:23 AM EDT
To: observer@xxxxxxxxxxx, David Farber <dave@xxxxxxxxxx>,
johnmacsgroup@xxxxxxxxxxxxxxx
Subject: Re: [IP] You've Got Mail (and Court Says Others Can Read It)
Dave-- You might want to forward this note to the list and ask them how
they feel about this habit. Perhaps someone would like to step forward
and defend the wholesale copying of copyrighted text.
I continued to be bothered by this habit of forwarding an entire
article to a large mailing list. The idea that this action is, in some
way, a "fair use", just adds insult to injury.
* First and foremost, the article is available for no cost. Nada. The
only people who lose money in the process are the creators who are
denied advertising revenue. The list is "stealing" something that's
available for free. That's about as low as you can go.
* Second, every computer scientist knows that passing a pointer (URL)
is much more efficient than passing the entire data structure. This
action just wastes bandwidth and clutters the disk of the people who
aren't interested in the topic. When the list is big enough and diverse
enough, it's just two or three steps up from spam.
* Third, the NYT compiles ratings of stories. While the editors are
careful about how they use this information, I'm sure that someone uses
the data to steer the overall coverage. This copying discourages the
editors from assigning reporters to this beat in the future because it
makes it appear that fewer readers are interested in the topic.
* Fourth, the idea that this is fair use seems to be a real stretch of
the imagination. Simply claiming that something is being done for
"educational" reasons is not sufficient as Kinkos found out. The only
reason anyone reads non-fiction is to educate themselves. Plus, it's
also important to consider "the amount and substantiality of the
portion". Copying the entire article seems to be the worst possible way
to seek "fair use" status. Finally, "fair use" is traditionally done in
the context of some larger discussion. Someone may quote a passage in
order to illustrate a larger point. There's absolutely no commentary
wrapped around this text.
* Fifth, this kind of abuse hurts the entire doctrine of fair use by
blurring the distinction between fair use and piracy.
* Sixth, the text industry has been quite cool about abuse like this.
They're not insisting on draconian controls or inane laws like the
music or movie industry. Large scale abuse like this will only
encourage them to change their position.
* Seventh, the education industrial complex enjoys wonderful tax breaks
and legal exemptions like this because it's historically been close to
poverty. This emotional capital is being sorely tested by people like
the former president of your former institution, U Penn, who cleared
almost one million a year in salary. I'm sure the people at CMU are
also well-treated. The NYT pays the taxes that support the so-called
poor educational institutions.
* Eighth, educational institutions are often patenting inventions and
insisting that people obey their claims to intellectual property.
Perhaps the golden rule applies here.
* Ninth, you're a leader whether you want the responsibility or not. I
think it would be nice if you lead by example and help people find a
good compromise that supports everyone. Just forward the link and the
headline.
On Jul 6, 2004, at 3:57 AM, David Farber wrote:
Begin forwarded message:
From: "John F. McMullen" <observer@xxxxxxxxxxx>
Date: July 6, 2004 1:15:47 AM EDT
To: johnmac's living room <johnmacsgroup@xxxxxxxxxxxxxxx>
Cc: Dave Farber <farber@xxxxxxxxxxxxx>, Declan McCullagh
<declan@xxxxxxxx>
Subject: You've Got Mail (and Court Says Others Can Read It)
From the New York Times --
http://www.nytimes.com/2004/07/06/technology/06net.html
You've Got Mail (and Court Says Others Can Read It)
By SAUL HANSELL
..... Entire article clipped
Copyright 2004 The New York Times Company
*** FAIR USE NOTICE. This message contains copyrighted material whose
use
has not been specifically authorized by the copyright owner. The
'johnmacsgroup' Internet discussion group is making it available
without
profit to group members who have expressed a prior interest in
receiving
the included information in their efforts to advance the understanding
of
literary, educational, political, and economic issues, for non-profit
research and educational purposes only. I believe that this
constitutes a
'fair use' of the copyrighted material as provided for in section 107
of
the U.S. Copyright Law. If you wish to use this copyrighted material
for
purposes of your own that go beyond 'fair use,' you must obtain
permission
from the copyright owner.
For more information go to:
http://www.law.cornell.edu/uscode/17/107.shtml
"When you come to the fork in the road, take it" - L.P. Berra
"Always make new mistakes" -- Esther Dyson
"Any sufficiently advanced technology is indistinguishable from
magic"
-- Arthur C. Clarke
"You Gotta Believe" - Frank "Tug" McGraw (1944 - 2004 RIP)
John F. McMullen
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