Copyright infringement (was:ReiserFS)

Michael Leone turgon at mike-leone.com
Wed Apr 30 17:17:25 UTC 2008


On Wed, Apr 30, 2008 at 12:36 PM, James Heaver <james at heaver.org> wrote:
> 2008/4/30 Lisi Reisz <lisi.reisz at 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.
>
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-- 
Michael J. Leone
<mailto:turgon at mike-leone.com>

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