<BLOCKQUOTE><font size="1" face="Verdana, arial">quote:</font><HR>Originally posted by drakh:
Originally posted by GideonsMine:
The only problem is that by sharing them in a public forum<HR></BLOCKQUOTE>
Unfortunately, regardless of what you think, any commercial business is the public forum and Bookface.com is no exception to that rule. By its very registration, commercial internet site (commercial is public as in anyone can come, view, and even with all the notices informing them not to copy, copy)JmS's contract was with bookface.com and not with the downloadees and technically neither would be liable to JmS. Now please understand I am not saying what they did by their downloads was the right thing to do, what I am saying is that suing them would not bring anything to fruition and as such, a waste.
I actually paid megabucks to buy one of the original scripts by JMS for Crusade (my favorite of the unproduced ones) and see no marks whatsoever to suggest that it was copyrighted to begin with. That may have taken place afterwards when that one was printed, and although legal, would still keep a very cloudy issue, murky at best.
And regardless of the pop up statements that say "do not copy under penalty of law" or words to some general effect as that, to actually gain a judgment when the computer industry has software that will allow anyone to copy virtually anything at this point in time, is literally impossible. I understand that you just clicked an "ok" and that was it.
One of my firms biggest clients DIGEX is purely an internet company in many respects and has been in court many times to protect what it considers its own. It has an will remain a difficult journey.
Just remember Napster. It was not a perfect solution, but it was the only one available at the time. In time, courts may have to adjust to the computer freedom that allows this type of theft to occur and build laws for protection of artists (regardless of type) or the artists, authors, etc. will eventually take their work from the internet and everything will be illegal.
Where do you people get the impression that a commercial retail internet site and business is not in the public forum? Odd you would think that because you are sadly mistaken.
Yes copyright laws exist, the problem is the internet where anyone with the latest equipment can circumvent the laws is one sticky wicket that has not been solved yet due to many many problems.
There are quite a few people on this board B5LR that shared those scripts. Do you think you should be held liable for them being copied? Be honest, do you?
Please understand that the illegality is not the true issue here. JmS can say that this is theft (which in many a sense is even though we may not have understood that at first) but the threat of suit will not come to pass under these circumstances. It is impossible to locate, serve, and prosecute "guilty" parties. Most of the downloadees were probably just avid fans and thought nothing of what they were doing in the final stretch cannot be held liable if the copy job was an easy one. And since bookface.com on the fact at least, honored the contract with JmS, he may be angry, but has no legal argument that can bring him any restitution. And to be honest, at this point, no harm has been done and a good lawyer with a brain will tell him that.
Nuff said. All lawyers are long winded, sorry in advance but I am true to my nature, albeit annoying to a great many.
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Colleen L. Stanford
Gideon's Mine, all Mine
(he just doesn't know it yet, LOL)
[This message has been edited by GideonsMine (edited August 24, 2001).]
