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Aucbvax.5924 fa.digest-p utcsrgv!utzoo!decvax!ucbvax!digest-people Sat Jan 23 06:09:13 1982

>From CSD.MCGRATH@SU-SCORE Sat Jan 23 06:05:40 1982

On fair use - traditionally limited copying of a copyrighted work for "private use" HAS been protected under the fair use provision. The limitation here has traditionally defined to be limited circulation of the material in question, which clearly does not cover redistribution of material over the NET. But the making of a single copy, or the private use thereof, would probably be legal under fair use provisions.

On copyrights - copyrights do not come into existence magically. In particular, in order to sue for any damages regarding infringement, material MUST be registered as copyrighted. Much material appearing in newspapers is NOT so registered because of expense.

On contracts - our (SAIL's) contract with the news wires is apparently very liberal, allowing free use of the news wire material for "research purposes." Since the large mailing lists are NOT an ARPANet, or host, service, but are rather research projects, they fall within the provision of SAIL's contract. Other contracts may differ of course, but since most of the ARPANet news wire material comes from SAIL, this takes care of most of the immediate practical problems.

Overall, I am convinced that the large lists are in no legal trouble with regard to news wire material. However, copying material from newpapers is more open to debate, since the material involved may or may not have been registered. Finally, remember that any violations or copyright must be objected to by the injured party - and it is highly doubtful that any newspaper would ever bring DoD to court over the large lists.

Jim -------

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