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Subject:Re: � Vanagon List. List CD $$$$
From:Steven X. Schwenk
Date:Mon, 6 Apr 1998 23:23:31 -0700

I recall seeing at least one post, and I think perhaps two or three,
that had copyright symbols which pertained to the post.  Would these
people sue for infringment if a CD were published?  Theoretically, they
could, but to what avail, particularly since they almost certainly could
not establish damages (although they could possibly recover attorney
fees if they prevailed and sought relief other than damages)....They
could sue for injunctive relief, but gee...all the court would order is
no more publications of the copyrighted posts.  Moreover, a suit would
be expensive to file...no attorney would take such a case on a
contingency fee basis...since it would be an absurd case....so unless
the person suing is an attorney, they would likely have to invest
thousands in attorney fees in a case with no recoverable damages.

Still, where's there's any exposure, best thing is to CYA...especailly
when it can be done pretty easily.  Venue is probably the most
unsettling issue such a frivilous suit would raise.  Imagine having to
travel to some small county court house way up in Northern Main or North
Dakota to defend a copyright infringement suit brought by some
disgruntled wacko listee.  I can see myself now standing before an old
judge who's never gotten an e-mail or heard of a mailing list trying to
explain that yes, the post was copyrighted and then published on a CD by
some *Californians* for distribution to any of the 45 million people who
have access to the web, but your local boy here suffered  no damages,
Your Honor....  Scary.  Anyway, the CD idea raises some pretty
compelling legal issues the answers to which are still being hammered
out.
steve

Erik O wrote:

> ...

>  If anyone wants to exert a � on anything they posted to the
> list they can speak up now before the CD is produced and we will not
> include their "property" and then publicly ostracize them. *grin*
>