From: Kirk Steele (ksteele42@yahoo.com)
Date: Wed Sep 24 2003 - 12:33:53 MDT
The way I see it working is:
[Userx] "Topic" -> "Researcher"
[Researcher] Performs lookup on OED/Brittanica/Google/Yahoo/etc
[Researcher] Post responses, including appropriate credits, to closed group.
[Researcher] Notify all group members of new post
[Userx] Reads or quotes posts made by Researcher.
[Kirk] All good and well, if the convention of the "group" is abided by all.
[Hermit] I see the Researcher as a bot.
[Kirk] Current precidents and definitions with in 17 U.S.C. do not agree with this interpretation. I don't think David M would like to foot the bill for legal defense.
[Hermit] If the TOS for the site precludes using an autoresponding bot, then the appropriately licenced human researcher would have to click "yes" to make the post, i.e. would act like a moderator, and as such the post would not have been made "automatically".
[Kirk] I don't think that this method of 'intervention', which is forwarded ostensibly to preclude "bot abuse" of a resource, would be acceptable. The intent of the liscense structure is to ensure fair remuneration for fair use. Granted, the term "fair" is subjective, as well as the assignment of precedent for establishing a bench mark of what fair use can be defined as. But the intent is to reward the creators of a resource for their work.
[Kirk]Rewarding the creators of a work is one thing, the assignment of fair value is another. The competing paradigms of "market driven research resourcing" and the "collective conscious seeking knowledge without the fetters of pecuniary impeadance" are what we are talking about here. How do we "legitamately" seek to resolve this connundrum?
[Hermit] Notice that this mechanism would allow citation on IRC/email etc. by users, who could then quite legally cut & paste from the closed group, although quoting a full article would be dubious practice and open to challenge.
[hr]
[Mermaid] members who contribute(maybe a fixed sum/year) can have access(in a member only section) to these subscribed materials...
[Hermit] This is exactly how I see this facility working... only by interposing a "researcher" we would dramaticaly reduce the costs while remaining completely legal under US copyright law.
[Kirk] Once again, unless some recent decision has set a precedent that I missed in Methods of Research 101, etc. I don't think a judge will abide that interpretation.
Kirkasaurus Wrecks
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