[Coco] Re: Hot Coco Post Partum

[Gene Heskett]

On Monday 01 August 2005 17:47, farna at att.net wrote:
>I've had to deal with such issues before pertaining to old car
> documentation. Because of the age and low appeal of the material,
> IDG would have a hard time proving damages unless it's used in a
> way that could harm the company image. If the material is illegally
> copied and distributed at minimal costs -- basically just a bit for
> the time to scan, make discs, copy, and ship they can't prove that
> you're making money off their (abandoned) product. That an effort
> was made to work with IDG could actually benefit the defense,
> though refusal doesn't constitute a reason for infringement of
> rights (that would be a risky thing to bring up -- could back
> fire!).
>
>In my publishing, I've only had one instance where I got a "cease
> and desist" order/threat from a company. This is a tricky
> situation. I'm generally an honest person, but there are some
> instances where the intent of the law is just not being carried
> out, or it's being sorely abused to the detriment of someone, not
> really protecting anything. This is one of those cases. The
> material is obviously of no real commerical value to a large
> corporation, and would only benefit a handfull of people. I'd go
> ahead and copy the magazines on CD anyway, and offer copies to to
> the list. Since it would cost IDG more than they could recover, the
> most they would do is issue a "cease and desist" order along with a
> threat of a lawsuit. How "hard" a threat depends on the lawyer, but
> I wouldn't take it to seriously. A simply worded reply with an
> statement saying you'll comply, and maybe an apology, and request
> for how you could go about legally continuing would be an
> appropriate answer. Or, if you want to do this with some sense of
> legality, advertise electronic "backups" to anyone who can produce
> an original copy. Ask for the UPC code off an issue or something
> like that. If a couple codes got passed around, well, who knows how
> many copies of an issue are out there now? It's way to much trouble
> to make an individual CD for one copy, may as well send the one CD
> even though it has a year's worth -- you still have YOUR backup
> copy...
>
>In truth I don't think anyone at IDG would ever notice a thing, and
> the threat of any real legal action is so slim that it's hardly
> there at all. Not impossible, but someone at IDG would have to be
> really aggressive to go after a handfull of hobbyist reproducing
> something of little or no corporate value. There would be more
> negative impact for them than anything else, and I don't think they
> would be blind to that! Just my nickel's worth from past experience
> -- and a little common sense!

Actually Frank, this sounds like the best suggestion yet.  I like the 
idea of an 'electronic' backup, and if a few more issues were 
included on the cd, well...

I'm with you, IDG would have a heck of a time showing any losses other 
than what they would have to pay their attorny's to pursue it.  
Either way, its a net loss for them, particularly after we make a bit 
of noise on slashdot about the basic injustice of their attitude.

-- 
Cheers, Gene
"There are four boxes to be used in defense of liberty:
 soap, ballot, jury, and ammo. Please use in that order."
-Ed Howdershelt (Author)
99.35% setiathome rank, not too shabby for a WV hillbilly
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Copyright 2005 by Maurice Eugene Heskett, all rights reserved.