Re: [dvd-discuss] ``irreparable damage to my client''

["Michael A Rolenz" <Michael.A.Rolenz(at)aero.org>]

The question is what constitutes an "unauthorized copy of a work"...having distributed it on USENET she now can't claim that any copy is 
unauthorized. She might have a cause of action if someone were to pick up 
a bunch of stories from that newsgroup, including hers, and publish a book 
of them. But sending it out on USENET means that she is granting 
permission to make and distribute copies. Furthermore, in some sense using 
USENET forms a type of contract. In consideration for giving her 
distribution of her work at no cost to her, others used their servers, 
comm. lines, and time (moderators and system administrators) as 
consideration. Contract fulfilled.




"Ron Gustavson" <rongusss@attbi.com>
Sent by: owner-dvd-discuss@eon.law.harvard.edu
04/25/02 07:53 PM
Please respond to dvd-discuss

 
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        Subject:        Re: [dvd-discuss] ``irreparable damage to my client''


microlenz@earthlink.net wrote:

> Lets see..."Sara Glover" published a story on alt.sex.spanking 
PUBLICALLY and 
> now claims copyright infringement when they link to it PUBLICALLY but 
it's not 
> copyright infringement that anyone can download the story from public 
> sources.....is it dark outside..no...it's quite light...I'm not 
dreaming....I 
> must be in a virtual reality tour of Alice in wonderland...that's it..!

One must question the motive of the self-tortured Vivian/Sara--

>viv@fellspt.charm.net (Sara Glover) writes:
>>My name is Vivian, and I'm a 25-year-old graduate student with...

--for bringing up a forgotten and forgettable post from '97, and newly 
associating her (real?) self with it. It's always been advisable to 
self-edit 
before posting on Usenet and that includes headers. Back in 97, he or 
she probably still had the opportunity to post through anon.penet.fi. 
But no longer. Now she must get a Web email address; configure it to 
use a non-revealing user ID (although Sara Glover does sound like a 
fictitious 
character in the alt.*spanking context anyway); and then post through 
Google.

So today, as a result of this action, thousands of people are typing "Sara 
Glover" 
into Google's input box instead of just SG and a few of her old 
classmates. 
 
> ESTOPPEL! She cannot now repudiate her actions and ...errr 
ahhh....conduct 
> or...whatever from that time

But now it's in his/her lawyer's hands:

| My client, [private], notified you in a previous communication 
| dated Tuesday, February 26, 2002, about a link on your search 
| engine to an unauthorized copy of a work, "Vivian's Vow", in...

So, there's a link on yer search engine is there? How about a function 
of your search engine which searches reality? I know, Sara is tired and 
sick of reality--he/she wants peace... and just a few bucks too.

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