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Old 04-30-2008, 05:17 PM
"Michael Leone"
 
Default Copyright infringement (was:ReiserFS)

On Wed, Apr 30, 2008 at 12:36 PM, James Heaver <james@heaver.org> wrote:
> 2008/4/30 Lisi Reisz <lisi.reisz@gmail.com>:
>
> > On Wednesday 30 April 2008 16:45:00 Derek Broughton wrote:
> > > That is not what copyright law says.
> >
> > Could you cite the exact references in the Berne convention on which you are
> > relying? I am not conversant with its exact terms, tho' they are certainly
> > not as clear cut as you are implying, anyhow as interpreted under the English
> > law. (Note, I mean English, not British. An important distinction in Law.)
>
> Article Nine, Paragraph One of the Convention for the Protection of
> Literary and Artistic Works (Berne Convention):
>
> (1) Authors of literary and artistic works protected by this
> Convention shall have the exclusive right of authorizing the
> reproduction of these works, in any manner or form.
>
>
> The original posting wasn't plagiarism - He didn't claim to have
> written it himself. It wasn't theft - Copyright infringement isn't
> legally theft despite common rhetoric. It was, however, copyright
> infringement.
>
> By reproducing the article without receiving authorization from the
> assigned rights holder (in this case Associated Press, as stated in
> the copyright notice), the original poster infringed said copyright.
> There is nothing complicated or controversial here.
>
> You may have your own opinion on the morality of the actions, or the
> state of copyright law, but that doesn't make the act any less
> illegal.
>
>

AH. So it wasn't *theft*, but it *was* illegal. Good to know ... I guess ... <G>

> > And do we in fact know whether the OP lives in a country which is signatory to
> > the Berne convention, since that is clearly relevant here?
>
> Its not just the Berne Convention, if the country has signed the WTO's
> TRIPS agreement, or any number of other treaties then copyright will
> apply. There are *very* few countries in the world where the OP
> wouldn't be illegal. There are potential issues surrounding this
> list, and any archives of this list being based in a berne signatory
> (US, UK?)
>
> Having said all that - no one will get sued over the OP, but good
> etiquette and legality should be encouraged on a list such as this.
>
> --
> aLittleBitBetter.co.uk
> "Little choices make your world a little bit better"
>
>
>
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