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

[Dennis]

(I've posted this at the maltedmedia list, but wanted to duplicate
here, since I believe the lists are only connected in one direction.)

At 01:37 PM 6/22/2007 -0000, Derek 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