Re: Cohen Cite; Moral Right of Retraction!! RE: Email Archive Request
On Tue, May 08, 2001 at 01:39:49AM -0400, James Miller wrote:
>
> --- Eric Sherrill <sherrill@ti.com> wrote:
> > 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 unpublished letters that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.
>
> I agree. I'd also like to add that this presents a problematic
> international comparative problem because in French and other
> Jurisductions recognizing the right of retraction these posts (and some
> much else...) is all subject to retraction, perhaps despite any
> contractural waiver or other assignment of economic rights for copying
> or adapatation..
Hmmm. If a post were retracted, wouldn't that logically (or legally)
necessitate that any other posting in reply to that post also be retracted,
quoted or not? Looking at the mailing lists as a *discussion*, if some
utterance is retroactively taken away, no utterance in response to it could
logically exist.
-- Ferret
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