Usenet Posts, P.D. or ©? = Thoughts or Court Ruling

[cturley2@aol.com (Cturley2)]

On Wed, 22 Mar 2000, Phoenyx wrote:

> Perhaps I'm missing something here and I've been around message
> forums of one sort or another since the BBS era. As far as I can
> tell, this is a public forum as designated by the access medium.
> Even when they were first started, they were considered public
> access mediums. In light of this fact, it stands to reason that
> any messages posted here would be in the public domain by default.
> 
> While I agree that everyone has the basic right to protect their
> intellectual property. One can not complain when they publicly
> post this property in a known public forum.
>

Followed by this comment from Greg B.

>A street would be a public forum also, but if you went out and gave
>a speech on the street it would remain your property under copyright
>laws.  This is covered under US and world copyright laws.

>However, there is a fair use clause which would permit quoting
>(reasonable amounts, likely as defined by a judge) and archiving.

>Basically everything you write is protected by copyright laws unless
>you forfeit those rights.  But there's also the point that to be
>able to really enforce copyright stuff from Usenet Newsgroups, you'd
>have to file some stuff with the US Govt. concerning the stuff that
>you wrote.  And there is a filing fee.
>

The original subject title has been threaded to point where 
it REALLY is no longer valid to the issue now under discussion.
So, I've changed it to: 

"Usenet Posts, P.D. or �? = Thoughts or Court Ruling"

Now, as the subject title relates (and, I conclude those reading it
can understand what it is saying) here are the issues and the facts;

(A) I fully agree with what both Phoenyx and Greg B. stated.
      Both of their comments are in logical essence correct.

(B) The courts have ruled that Usenet posts are copyrighted (�)
      material that are protected under both US and International
      copyright law.  Any Usenet post made remains the � property
      of the author who posted it unless the author declares the 
      individual post to be in the public domain.  Then that single 
      Usenet post - at that point becomes public domain.  If an 
      individual makes a Usenet post stating that any post they
      make can be considered to be in the public domain, then in
      fact any post they EVER made, make or will make is legally
      public domain.

(C)  Example given: Joko (we all know who Joko is right?) I refer
       to Joe Kohn who runs Shareware Solutions II to clarify who
      Joko is.  Well, some time last year or the year before (I can't
       recall which year now), Joko made a public post to this Usenet
       Newsgroup that I quoted in full content and archived on my
       web site for the purpose of Apple II historical reference and
       a very energetic argument between Joko, my ISP and me inured
       both in public on this newsgroup and in private by email 
       exchanges.  The issue was finally settled when Joko made a
       public post on this newsgroup that the individual post was
       declared public domain.  That is the ONLY post by Joko that is
       public domain.  All other posts to the Usenet by Joko, past,
       current or in the future are his copyright � material and his
       property, which he can enforce the use and distribution of.

(D)  However, the US and International copyright law clause that
       gives others the right to fair use quote and archiving of ANY
       Usenet post by any person making such a public Usenet post,
       will legally allow any person to use the post information in
       part or in whole, enclosed in quotation marks for reference
       needs within their own article or public Usenet post or for
       reference online archives in the entire original Usenet post.

(E)  If the person who made the original public Usenet post has
       any objection to such fair use quote and/or archive of the
       post they made, they only have two options to use legally.
       (1) they can ask that it be removed and (2) if it is not 
       removed, then they have the option to challenge the fair 
       use quote and archive use of their post as such, by taking
       legal action in a court of law, (at their expense) to obtain
       a court order to remove the post and they can take legal
       action in a civil law suit to ask for a monetary award
       from the defendant, for any damage they claim or any
       income lost they claim from the use of their Usenet public 
       post by the individual, company or online archive service 
       that used their public Usenet post in such a manner.

Those are the facts and the options available to any and all persons
posting to any Usenet newsgroup.  I (and a few others) have made
a post to the effect and stating that any post made in this Usenet
newsgroup: comp.sys.apple2 - is in the public domain.  By my having 
made such a post in this comp.sys.apple2 newsgroup,I have given up 
all of my copyright protection with any post I make be it; past, present or
future in this comp.sys.apple2 newsgroup.  

Any public Usenet post I make to any OTHER Usenet Newsgroup still remains my
copyright � material, until I make such a public post to declare any post to
any OTHER Usenet Newsgroup to be public domain.

Comments concerning this post (which is in the public domain) are
welcomed.

Cheers,
Tom