From: swolfe	Date: September 2nd, 2003 06:58 pm (UTC)		(Link)

and by "written", i also mean typed...as in e-mails, programs, web pages, etc.

	From: qed	Date: September 2nd, 2003 07:16 pm (UTC)		(Link)

Not that I expect anyone to know the answer to this, but to what extent can you pursue copyright infringement with respect to e-mails? If I forward your e-mail, am I automatically violating your copyright? Or can you only reasonably expect to retain your copyrights if you specifically preclude the recipient from distributing it, like LJ did?

	From: taumeson	Date: September 2nd, 2003 07:59 pm (UTC)		(Link)

well..."distribution" isn't exactly prohibited. 100% legal courses of action include:

1. printing at least one copy of this email. you already have it, so it doesn't matter what media it is in. fair use doctrine.

2. handing that email to as many people as you want. as long as you don't retain posession, you are not copying it, and so it is allowed. first sale doctrine.

so you can show your email to as many people as you like as long as you don't retain possession. same goes to any media you currently possess, in whatever format it's in.

There are also certain things that aren't copyrightable....I might be wrong, but I think warranties, for instance, aren't copyrightable...something to do with the fact that their very nature is to be disseminated....something like that. I don't think you're allowed to copyright Terms of Service either...as in, somebody is allowed to have the same exact boiler plate as you, with the names changed, because you aren't saying anything original anyway. Ooh, and laws and bills aren't copyrightable. There's been some recent snafu where courts and municipalities have contractors draft laws for them, because they don't have the time, and the contractors copyrighted them...well, apparently that was held up in court for a while, but I believe it's recently been struck down...I believe it's because of fourth amendment protections and due process..like, you have to be able to find out what law you're breaking in order for it to be a valid law.

So yeah...I digressed a little there. I don't know if terms of service can be copyrighted, and even if so, they can be disseminated in certain fashions.

	From: swolfe	Date: September 2nd, 2003 08:42 pm (UTC)		(Link)

here is an interesting discussion that relates.

a quote that specifically addresses your question:

Licenses implied by circumstances.
Fair use is a legal license conferred by the statute. However, licenses may also be implied by context. Writers who post messages to public e-mail lists should contemplate, for example, both forwarding and archiving. It is reasonable to assume that they have given permission unless it is explicitly denied.

	From: taumeson	Date: September 3rd, 2003 07:22 am (UTC)		(Link)

so our conclusion is: YES.

that seems pretty crappy. if you don't take away all poster's rights, then you have a world of hurt when it comes to archiving and sending out list digests, nto to mention forwarding and replying.

holy shit that sucks.

	From: taumeson	Date: September 12th, 2003 03:29 pm (UTC)		(Link)

to paraphrase:

this community has girls under 18 getting naked. that's against the law, and so we will cancel this community if it keeps happening, even if you did pay money to get it. don't tell anyone we sent this to you.