In any event do we agree that a disclaimer is a good idea to prevent any ambigutiies in the future? Shall we send the disclaimer to debian list members informing that continued receipt of and posting to mailing lists constitutes consent ot the terms?
I mean really the small developer is not who we should be concerned about litigating. Assume, a developer of a large company who posts something their management later takes offense to. A company with resources is not going to have any problem sending nasty letters threatening suit unless the posts are retracted. At least with the disclaimer we will have something to point to. (We may still have to litigate the consent and implied agency blah blah but...)
brian@ristuccia.com -- You certainly own the copy. However, that doesn't neccessarily give you license to the various exclusive rights I have to my email, asenumerated in 17 USC 106. Public performance (eg, putting an archive on the web) is one of those exclusive rights.It's clear that you can keep any email you get, and can use them in the ways enumrated as fair use in 17 USC 107. But that doesn't neccessarily mean that I have granted you the right to publicllyperform, publish, etc that work.