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implicit permissions re: Email Archive Request

Well, at least in the common-law jurisdictions the contractural waivers will get significant weight. I think we can craft a narrow moral rights exclaimer as well--blanket waivers can be problematic however. If the author seeks to revoke their consent you get into the non-exclusive rights analysis. If the author seeks to retract under moral rights you can point to the case law requiring reinbursement, etc. in the publisher/author cases.

One thing that concerns me about both the GPL and Open Source licenses in general is that there's undue focus on their treatment under U.S. law. We need to consider hte international implications carefully as well, particularly where moral rights are concerned. (my view...)

sam th ---

This basically boils down to this: how do we know about that implicit
permission? Does it still hold if the author denies it?
Unfortunately, I suspect this is unanswerable without a court.  :-(

Still, we shouldn't take his messages out of the archives.

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