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17 new of 36 responses total.
lilmo
response 20 of 36: Mark Unseen   Jun 12 20:32 UTC 1999

Re resp:19 - The original intent of the item is irrelevant; the content is
the thing.  (to paraphrase the Bard)
zoe
response 21 of 36: Mark Unseen   Jun 12 21:25 UTC 1999

you can use my peice item:poetry3,22 in any way you see fit... i 
support grex all the way on this one.
aruba
response 22 of 36: Mark Unseen   Jun 12 23:46 UTC 1999

Thanks zoe.
other
response 23 of 36: Mark Unseen   Jun 13 00:35 UTC 1999

I hereby grant my permission for Cyberspace Communications, Inc.,
for the sole purpose of its participation in the lawsuit to overturn
Michigan Public Act 33 of 1999, to make use of any postings i have
made, or will make, to GREX through the end of July 1999.

now if only i can come up with some really morbidly sexually 
explicit, deviant materials with clear redeeming social value, i'd be 
all set..  
;-)
mdw
response 24 of 36: Mark Unseen   Jun 14 03:56 UTC 1999

Regarding ownership of responses -- that actually opens up a huge can of
worms we've never really had to face here.  I know of two places that
*have* run into this problem.  UM has run into this, with Confer II and
several law suits.  Also, the community of users represented by the well
& the river, which has a large % of professional writers, and which as a
result advertises rather prominently that the response authors "own
every word".  Of these two situations, UM may be more germane because
it's in michigan and directly involves the law.  Ken Ascher was involved
in some of these cases and so may be a good resource for the michigan
cases.

As a matter of past policy & precedent, I'd say that grex has taken the
position that it has the right to "publish" material submitted on grex
in any manner it sees fit, excepting that authors have the right to
withdraw material if they are not satisfied with the manner of
presentation.  The specific case I am thinking of is that when backtalk
was introduced; it was decided to introduce a "new" method of
publication (the web, in some cases anonymously).  A small but vocal
group protested grex's decision to do this, and in a few cases withdrew
much of their material posted on grex, and withdrew from participation
on grex.
aaron
response 25 of 36: Mark Unseen   Jun 15 14:10 UTC 1999

You will have to point me to the user agreement, or the notice to
newusers, which makes clear any waiver of copyright claims.
janc
response 26 of 36: Mark Unseen   Jun 15 22:22 UTC 1999

Its not clear to me at all that Grex has a right to republish things
posted here.  I don't know the law on this very well, but I'd prefer to
operate on as if we didn't have that right.  It just feels right.

My guess is that in fact we do have the right to use this material in
this way.  I'm guessing that presenting something as evidence as a
lawsuit does not count as "publishing".  Otherwise, we'd get scenarios
like this:

  Prosecution:  We will show that the defendants have published on their
    computer system material that is obscene, libelous, traiterous, and
    down-right naughty.  I submit exhibit one, which is taken from the
    defendant's system....
  Defense:  Objection, that material is protected by copyright and may
    not be published by the prosecution.
  Judge:  Sustained.
  Prosecution:  Ulp...er...um...anyone for badmintion?

So although I suspect we would be on sound legal ground to use any
material on Grex in a lawsuit, I'm still glad we were able to do a
reasonably good job of getting people's permissions to so use their
postings.
jep
response 27 of 36: Mark Unseen   Jun 15 23:36 UTC 1999

Heh.  If you find anything sexually explicit that I've said on Grex, 
you're welcome to use it.  You can use anything I post here in any way 
you wish, now or in the future, to the extent that I have the rights to 
give you permission.  I think claiming ownership of anything posted in 
a public forum is silly.
scg
response 28 of 36: Mark Unseen   Jun 16 01:07 UTC 1999

There are different levels of claiming ownership.  If something I wrote here
were lifted verbatum and stuck into somebody else's book, with them claiming
credit for having written it, I'd be upset.  Depending on the revenues the
book generated (probably not much), it might even be worth suing over.  On
the other hand, if something I've posted here in a public forum were taken
along with its full context and full attribution, and not used to make a
profit in any non-value-added way, I don't see that it would be a problem.
drew
response 29 of 36: Mark Unseen   Jun 16 01:25 UTC 1999

There are enough people here giving permission, it seems to me, that it's
unnecessary to use that of anyone who doesn't want it used for this purpose.
janc
response 30 of 36: Mark Unseen   Jun 16 03:14 UTC 1999

Yes, we only had one person who didn't want their postings used, and we
were able to avoid doing so without any great inconvenience.
dpc
response 31 of 36: Mark Unseen   Jun 16 13:36 UTC 1999

Even if postings here were copyrighted, the "fair use" exception
allows us (or the prosecution) to present them in a lawsuit.
toking
response 32 of 36: Mark Unseen   Jun 16 14:07 UTC 1999

resp:27 it may be silly, but I damn well claim ownership to everything
(well, most everything) I've ever posted in the poetry and writing
confrences
aruba
response 33 of 36: Mark Unseen   Jun 16 15:35 UTC 1999

Just to clarify:  we haven't used anything against anyone's request.  I heard
back from 17 of the 21 people who posted to the pornography item.  16 said to 
go ahead and use their material, one requested that we not use it.  We cut the 
item so that none of that user's responses were submitted.  Of the other 4, 2
are no longer on Grex, and 2 haven't written back to me yet, and I don't have 
phone numbers for them.

6 of the 8 respondents to the poetry item have given permission, and I haven't
heard from the other 2.
lilmo
response 34 of 36: Mark Unseen   Jul 8 20:51 UTC 1999

Should further exhibits be necessary, and anything I have said fits, you may
use it, but not my name.
scg
response 35 of 36: Mark Unseen   Jul 8 21:59 UTC 1999

I don't think copyright rules apply to evidence in lawsuits.  I suspect that
if your writings are being used, any information we have about who you are
would also be likely to be brought into evidence.
cyklone
response 36 of 36: Mark Unseen   Jul 9 12:32 UTC 1999

I don't think that's correct Steve. Check with the legal eagles, but I
believe that protective orders can be sought that place restrictions on
the discovery process. I also believe privacy concerns are legitimate
grounds. And, since we are asserting in part that we value anonymity, I
think it would be hypocritical of us to not seek such an order if
identities are about to be revealed. 

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