TIP: Click on subject to list as thread! ANSI
echo: ic
to: Janis Kracht
from: Ward Dossche
date: 2006-06-15 06:41:26
subject: Re: CopyRight Ownership Arguement

Janis,
 
> Having written an article for that magazine you mentioned, can you then
> threaten to sue a newstand vendor in NYC for selling a copy of that
> magazine? NO, you cannot. ...
 
Of course I cannot ... because ... there is an 'explicit' and 'written'
agreement to transfer distribution-rights. The words 'explicit' and
'written' stand-out in that sentence as a legal requirement.
 
So this discussion-item is now narrowed-down to the question what the value
is of sending-in an article to the Fidonews-editor. Is there an explicit
consent? Nope! Is there a written document? Nope!
 
Granted, it would look pretty ridiculous to make a submission and then
refuse it to be distributed.
 
But, this discussion is also equal to a dog turning in circles chasing its
own tail. It has become important to have the final say, every intervention
by Shannon will meet with a rebuttal from Michiel, every such rebuttal will
be met by a retaliation of Shannon ... having the final-word is too
important because that would be equal to an implicit consent of defeat and
we can't have that happen.
 
The discussion simply cannot be won but it must at all cost be avoided not
to have the final word because it might signal defeat ... .
 
The way I understand it with my gained knowledge from Dutch law is that
Michiel is right as long as the matter is played-out on Dutch soil, most
likely European soil even though I'm uncertain where the border would be. I
understand that, I can live with that too, no big deal.
 
I equally understand that from an American point of view Michiel is wrong
if the matter is played-out on American soil, I can live with that too, no
big deal.
 
So at the end of the day no-one is completely wrong and no-one is
completely right. I can live with that.
 
US law does not apply here, and the law from around here does not apply in
the US. No big deal, I can live with that as well.
 
Now if both the protagonist and antagonist would do me and the rest in the
nodelist the favour of shutting-up about this issue then I'd really
appreciate that.
 
Of course, arch-enemies will need little time to discover a new battleground.
 
Take care,
 
 \%/{at}rd

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