R e : Re: August A2-2000 disk-0-zine released

[mikew50@aol.com (MikeW50)]

In message <5tfhbp$md8$1@client2.news.psi.net>, smentzer@pacbell.net
(Steve Mentzer) said:

>But this material *wasn't* copyrighted. From what I understand, it was
PUBLIC 
>DOMAIN. Which means very simply that myself, you, tom or any other person
can 
>fold, spindle, mutilate, reprint, rebrodcast, redistribute without the
authors 
>permission. Plain and simple. Public domain is non-discriminatory. When 
>something is placed in PD state, you are implying that the PUBLIC has the

>right to do what they will. 

Actually, that's an interesting point that goes beyond the flame war.

Keep in mind that I'm now a lawyer, and what follows is my understanding,
not legal advice. When I have a copyright question that is important to my
business I pay my lawyer a fee and get a good answer. (I hope.)

If I scribble a note on the back of a napkin with a crayon, technically it
is a copyrighted work. The kinds of damages and other legal action I can
persue are less than if I file for a copyright with the copyright office,
but there are specific legal actions I can take of someone steals my
napkin and starts selling photocopies of it. And, if that happens, I am
legally allowed to _then_ file with the copyright office, and all
_subsequent_ photocopies fall under the full protection of copyright law.

If I stand on a park bench and make a statement, it's not copyrighted. (At
least, in the general sense. There are legal differences between an
unknown individual standing on a park bench and talking and Simon &
Garfunkle giving a concert in Central Park. I'm not sure where the legal
line is drawn.) The statement is public domain. Anyone can write it down
and reprint what I said.

So, the question is this: From a legal standpoint, is a usegroup posting
more like writing something on a napkin, since it has a physical form, or
more like talking from a park bench, since it is something said in a
public forum? I don't know the answer to that. If anyone else knows for
sure, or has an educated guess based on case law, I'd be interested in
hearing it.

Mike Westerfield