[ILUG] Got My First Linux Book

[kevin lyda]

On Thu, Apr 22, 2004 at 11:31:16AM +0100, ccostelloe at flogas.ie wrote:
> > kevin lyda wrote:
> > >>Any unauthorised direct or indirect dissemination, distribution or
> > >>copying of this message and any attachments is strictly prohibited. 
> > IANAL, but I'd be inclined to the view that any post to a public list
> > such as this implicitly authorises "direct and indirect dissemination,
> > distribution and copying". Opinions? Could we perhaps clarify this?

ianal either, which is why i don't think it is fair for people to post
legal conditions on their emails that they send to this list.  if people
are going to send emails with things like that on them, then they should
cover the costs of legal council for ilug to review them.

> The email was addressed to ILUG, so only ILUGgers are permitted to
> view it, i.e. it cannot be archived for view by others.

and yet he did not set the long established header to block such
archiving:

    X-Archive: No

it is completely unreasonable to expect mailman to parse legal
"documents" appended to mails in order to determine whether or not to
archive a mail.

> Implicit authorisation only arises if there were no sig conditions,
> i.e. you could expect that it may appear publically since you sent it
> to a newsgroup.

On the linux.ie web pages describing this list it clearly states that
the list is archived.  it also mentions it when you subscribe.  however
it is entirely possible that a person could send a mail to the list w/o
subscribing or w/o reading the web page.

again, these types of signatures could be putting us in a poor position.

personally i don't think a court would allow it, but i hack software,
not lawbooks, and i think that applies to most of us here (at least the
second part).

> However, the sig has an explicit ban on distributing it beyond ILUG
> unless that company authorises you (presumably in writing), which
> would override anything implicit.

so all of his mails are archived and available to the public, and we are
conveivably violating the conditions associated with those mails.

neat.

kevin

-- 
kevin at ie.suberic.net  ~  "you're either with us or against us." --dubya
iraq: vietnam again?  ~  in that simplistic world-view progressives and
a new lbj selected -  ~  liberals are "us" while bush and bin laden are
"looney bush junior"  ~  "against us."
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