RE: Email Archive Request
Yes, but in the _Salinger_ case, these were unpublished letters that
Salinger wished to prevent from being published. Usenet posts and public
mailing list posts are the very definition of published, widely disseminated
works. Thus I would distinguish _Salinger_ from _Cohen_, which seems more
applicable to the current discussion.
Unfortunately I can't find a cite for _Cohen_, apparently the free 9th Cir.
search site does not have it, and I don't want/can't afford to help prop up
the West Publishing and Lexis/Nexis duopoly.
(Offtopic ex-lawyer gripe: bah, it's impossible to do Harvard Bluebook
format cites in ASCII email! I wonder if they've re-written the Bluebook to
account for this since I graduated from law school, or if they just assume
everybody in law just uses Word or Wordperfect....).
--
Eric R. Sherrill, WF Software Systems Engineer
Texas Instruments HFAB1 Automation Systems
Stafford, TX 77477-3006
281-274-4133
-----Original Message-----
From: Sam TH [mailto:sam@uchicago.edu]
Sent: Friday, May 04, 2001 5:39 PM
To: James Miller
Cc: debian-legal@lists.debian.org
Subject: Re: Email Archive Request
On Fri, May 04, 2001 at 03:58:29PM -0400, James Miller wrote:
> Courts have construed the conveyance of coyprighted material and later
> attempts to revoke rights to "use" as unenforceable. In a case
> involving a company that did some special effects for a movie company
> that then failed to pay their bills, the court held the deadbeat company
> enjoyed a non-exclusive license to the copyrighted material.
>
> If people would like a cite I can supply it later. The parties were
> something like Cohen v. ?? Special Effects. I think it was a 9th
> circuit case.
Another significant case, in the other direction, is the Salinger
case, in the 2nd Circut I believe, in which Salinger successfuly
prevented the publication of exceprts of letters he had written and
sent to other people, on the grounds that he held the copyright.
The cite is Salinger v. Random House, Inc., 811 F.2d 90 (2d Cir.),
cert. denied 484 U.S. 890 (1987).
The text is available at
http://www.bc.edu/bc_org/avp/cas/comm/free_speech/salinger.html
sam th --- sam@uchicago.edu --- http://www.abisource.com/~sam/
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