[Air-l] FW: an opinion?

[Randy Kluver]

I sent this message to a colleague, Debora Halbert at Otterbein University
[DHalbert at otterbein.edu],  who studies the internet and intellectual
property law, in response to Steve's query about the privacy notice at the
bottom of messages.  Here is her response:
> 
> Hi Randy,
> 
> I can give you the basic answer, but it isn't pretty.  
> Basically, all email is
> copyrighted by the author (who presumably is the one putting 
> the notice at the
> bottom).  Congress has defined "fixed in a tangible form" to 
> include all digital
> information.  Thus, technically, anytime you forward anything 
> from anybody
> without their permission, you are in violation of the 
> copyright law (which would
> include sending this message to anybody else without my 
> permission with or
> without a warning at the bottom).  Fortunately, most people 
> don't care so much
> about controlling their work to that extent (I don't, for 
> example, so feel free
> to forward this message).  However, those that do can pursue copyright
> infringement against anyone who violates their copyright.  Of 
> course, actual
> enforcement of these claims are virtually impossible and 
> there is no proof of
> any actual damages.
> 
> The Digital Millenium Copyright Act provides a safe harbor fo 
> ISPs dealing with
> copyright infrigment, but not for the people doing the actual 
> copyright
> infringement.  However, in order to achieve safe harbor 
> status, an ISP must take
> down any possibly infringing material at the request of the 
> copyright owner (and
> prior to any actual assessment of the actual copyright infringement).
> 
> Most of this is more relevant for web pages than for emails, 
> but would probably
> apply to email as well if someone wanted them to.  Thus, you 
> could lose your
> email account or web page access if someone has claimed you 
> have infringed their
> copyright.
> 
> Basically, congress has created a system in which every time 
> we use our web
> browser or forward an email we are violating copyright.  The 
> web still works
> because most people would rather share their information than 
> control it.
> 
> These laws also have some international application through 
> the TRIPs agreement
> and so it mostly doesn't matter where you are when you engage in the
> infringment.  However, again it is pretty unenforceable. 
> (Unless you come to the
> US)
> 
> Finally, I'd love to see more of these warnings if you come 
> across them -- they
> are interesting.... (and I am not a lawyer so please don't 
> see anything in this
> as legal advice :)  )
> 
> Talk to you soon,
> Debbie> 
>