[Coco] [Color Computer] Ira's Archive (trs-80.com) AvailableFor Download

[Dennis Bathory-Kitsz]

At 01:37 PM 6/22/2007 -0000, you wrote:
>I am at a loss on a couple of points here. From what you message says
>you think it's ok to get the files from IRA's site but not ok for
>someone to distribute the EXACT same files in a different way?
[...]

As the maltedmedia list owner and, as an author and composer and publisher,
with substantial experience in copyright over the years, let me say that we
shouldn't get too worked up over this. The preservation of materials is a
valuable task a now-oriented digital culture all too often ignores. And
please let's chill on the lawyer stuff.

Having said that, let me also make a few points, both about the process and
about the individual.

As to the material:

1. Copyright is a grant to the owner to control that distribution you
mention, including distributing the 'exact same files in a different way.'
Please read the US Code, Title 17, Chapter 1, Section 106. It's easy
reading:
<http://www.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000106----000-
.html>

2. In this case, the files are locked behind a pay-per-access method. I
don't know who sells the $30 software, but there is monetary gain (even
secondary) from providing the copyrighted material. This is a position I'd
never want to put myself in, that's for sure!

3. No lawyer is needed for a DMCA takedown notice. Takedown notices are
repulsive to me, but the option is there as temporary if pre-emptive relief
for copyright owners (you can read the whole thing at
http://www.chillingeffects.org/dmca512/faq.cgi):
======
In order to have an allegedly infringing web site removed from a service
provider's network, or to have access to an allegedly infringing website
disabled, the copyright owner must provide notice to the service provider
with the following information:
    * The name, address, and electronic signature of the complaining party
[512(c)(3)(A)(i)]
    * The infringing materials and their Internet location
[512(c)(3)(A)(ii-iii)], or if the service provider is an "information
location tool" such as a search engine, the reference or link to the
infringing materials [512(d)(3)].
    * Sufficient information to identify the copyrighted works
[512(c)(3)(A)(iv)].
    * A statement by the owner that it has a good faith belief that there
is no legal basis for the use of the materials complained of
[512(c)(3)(A)(v)].
    * A statement of the accuracy of the notice and, under penalty of
perjury, that the complaining party is authorized to act on the behalf of
the owner [512(c)(3)(A)(vi)].
Once notice is given to the service provider, or in circumstances where the
service provider discovers the infringing material itself, it is required
to expeditiously remove, or disable access to, the material. The safe
harbor provisions do not require the service provider to notify the
individual responsible for the allegedly infringing material before it has
been removed, but they do require notification after the material is removed.
=====

As to the individual:

1. Hex Star tried to join the maltedmedia list under a pseudonym, which I
do not allow in order to prevent spammers from joining the list and
harvesting the names and addresses. Because a real name is always asked
for, someone trying to join without one gets my attention. He may have made
up a name (which list members can view on the list pages in the header of
this message), but it doesn't matter. Those who respond to the rejection
notices with names means there are also 'real' emails and they then become
members of the list. He did so and has been a responsible list member.

2. Hex Star's willingness to find the material despite its withdrawal and
then create a Torrent file shows either broad indiscretion or deliberate
violation. I prefer to believe the former. I don't believe that, even with
a $30 access fee hanging in the air, there is a desire to prey on and make
a profit from enthusiastic user groups in the guise of preserving
historical materials.

Can we hear from Ira directly, please?

Thanks,
Dennis