Re: request
> Can you cite anything in the Berne convention or related treaties?
> -- Jürgen A. Erhard
- By [1](article 15, point 1), in order that the author of a protected
work shall be regarded as such, it is sufficient for his name to
appear on the work in the usual manner.
- By [1](article 2, points 1 and 6) and [1](article 15, point 1),
any mail (electronic mail, where the real and complete name of the
author is enclosed by default) is a protected work in all countries
of the Union; the protection operates "for the benefit of the author
and his successors in title" (provided the author meets the
"Criteria of Eligibility for Protection", according to [1], article
3, point 1). As mail is subject to copyright, in being a protected
work, no part of it should be reproduced, adapted or transmitted
without the written consent of the copyright owner.
- The Debian organisation (Debian) "exists"^1 within the Union.
1. No inspectable document seem to exist that proves Debian to be a
legally recognised organisation, so that the term "exists" shall
be intended as provisional. The Debian Internet sites, whose
respective server is in countries of the Union, suggest that some
form of legal registration is available, as these Internet sites
are indeed present on the Internet
(see http://www.debian.org/misc/README.mirrors).
- As Debian "exists" within the Union, Debian is subject to [1], so
that, in particular, any mail posted to a mailing list of Debian is
a protected work.
- By [1](article 9, point 1) authors of protected works have the
exclusive right of authorising the reproduction of these works,
in any manner or form.
As no legally valid document exists that proves Debian to be a
legally valid successor in title of any author who posted to a
Debian mailing list, Debian is not legally entitled to make
"autonomous" decisions on the reproduction of the posted mail,
there including transforming the original mail into an Internet
document and its further broadcasting.
As no legally valid document exists that proves Debian to have a
legally granted permission (written consent of the copyright owner)
to reproduce these works in any manner or form, Debian is not
legally entitled by the authors to reproduce the posted mail, there
including transforming the original mail into an Internet document
and its further broadcasting.
Furthermore, in the specific case of mail management, the overall
situation with Debian mailing lists is analogous to having a person
in the post-office opening the posted mail and arbitrarily
reproducing and publishing its content world wide.
- By [1](article 16, part 1), infringing copies of a work are liable
to seizure in any country of the Union where the work enjoys legal
protection.
Debian has been managing the mailing lists in violation of the Berne
Convention [1], and these mail are now subject to seizure.
Following the discussion with some Debian correspondents, some of
them being also representative of Debian, these correspondents
claimed what follows: "as you posted to Debian, and Debian archives
are in the USA, then Debian can publish your mail even if you do not
want" and "by posting to a Debian list you implicitly granted Debian
the permission to publish". As these Debian correspondents also
believe this is a correct behaviour for Debian (which is not,
because USA has signed the Berne Convention in March 1, 1989), this
is the evidence that Debian has been consciously encouraging and
supporting the violation of the Berne Convention, which happens to
be the Universal Copyright Convention.
My original request to Debian still holds.
Please, delete all my mail from your system and destroy any copies.
> Please get back to me with an e-mail, confirming that
> the requested operation has been successful.
SB
---
References:
[1] Berne Convention for the Protection of Literary and Artistic Works.
World Intellectual Property Organisation,
United Nations, 2001.
http://www.ompi.int/treaties/ip/berne/index.html
***********************************************************************
This email (including all attachments) is intended solely
for the named addressee. It is confidential and may contain
legally privileged information. If you receive it in error,
please let us know by reply email, delete it from your system
and destroy any copies.
This email is also subject to copyright. No part of it should be
reproduced, adapted or transmitted without the written consent
of the copyright owner.
Emails may be interfered with, may contain computer viruses or other
defects and may not be successfully replicated on other systems. We
give no warranties in relation to these matters. If you have any
doubts about the authenticity of an email purportedly sent by us,
please contact us immediately.
***********************************************************************
Reply to: