[Sussex] Is downloadable video a Podcast?

Mark Harrison (Groups) mph at ascentium.co.uk
Tue Oct 25 15:44:41 UTC 2005


On Tue, 2005-10-25 at 03:05 +0100, Steve Dobson wrote:
> 
> Now, don't worry, I have no intention to sue - trust me (but Mark or
> Nik or
> Geoff might over the copies you've taken of there e-mails).  BTW I am
> not
> giving you a license by saying this, I am just saying that you won't
> be
> hearing from my lawyers.
> 
> The point of this is that we are now all law breakers.  Technology and
> the
> ways the laws are written have made us so.  There is nothing we can do
> about it - to operate in the modern world requires that you work a
> certain
> way - and the law makes that way illegal.

Steve,

Not true.

You ARE giving us a licence. 

If I put a copy of one of my CDs (ie CD's featuring me, rather than a CD
of say Madonna) into the post to you... I cannot then sue you for
listening to it. The reason I cannot sue you is that I, as the content
owner, have sent it to you.

I _could_, however, put it in a shrink-wrap package, and say "by opening
this package, you agree to...." and then include a set of terms to which
you would be deemed to agree if you opened the package. (I cannot put
the terms in a place where you would have already had to open the
package to read them, if I wanted the "by opening" clause to stick.)

In the same way, by sending an email to a list with an archive, you are
giving a licence to read that email to everyone on the list (by email)
or connected to the Internet (by web browser.)

Mark





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