P3D Re: 3D-CD glitch...

["Greg Wageman" <gjw@xxxxxxxxxx>]

From: Dan Shelley <dshelley@xxxxxxxxxxxx>


>>Gabriel Jacob wrote:


>> Actually there is a WORLD of difference between having ones
>> posts on the server vs. a CD. The CD is only available to a small
>> group of people while the arhives are available to the WORLD. How
>> come there is no objection to "their" property there???
>
>It seems they didn't know their posts were available there either. I
>tried this tack in the discussion, but did not have any luck.


Uh, hello?

A listserv is an "exploder" list.  That means that for every post you
send, it gets "exploded", or replicated, as many times as there are list
members (not counting quotes in replies...).  IANAL, but, it seems to me
that by signing up for list membership (which is voluntary and requires
an act of volition on the part of the signee; that is to say, one cannot
get "accidentally" signed up to P3D, and even if we allowed that one
could, "accidentally" posting a message is beyond credibility), you are
explicitly giving permission for your postings to be reproduced and
distributed to the list's membership (at the minimum).  Furthermore,
you cannot know in advance the exact content of said membership (since
the information isn't published by the list maintainers).  For example,
some mail lists are gatewayed into Usenet newsgroups, and from there to
the world (literally).  I'm not saying this one is (to the best of my
knowledge, it isn't), but how is one to know?  If one doesn't want one's
postings circulated, the prudent course of action is at least not to
post, or not to join the list in the first place!

Therefore, it seems to me, that anyone who claims that they have not
given permission for any LIST MEMBER to have a copy of their postings
has a completely specious argument, and that Dan can distribute copies
of the archives to any LIST MEMBER without any additional clearance
whatsoever, since such permission was given explicitly by the poster's
joining the list and subsequently posting to it for distribution.
Furthermore, since the poster could not know a priori to whom he/she was
posting, and since the list membership is dynamic (after all, the poster
joined at some point, why should they assume that no one else can or
will), they have arguably given explicit permission to ANYONE WITH
INTERNET CAPABILITY to receive their postings.  I think that would
likely cover anyone with a CDROM drive capable of reading Dan's disc.

This is only common sense, but again, I am not a lawyer (IANAL) and, to
borrow from Will Rogers, common sense ain't all that common.

Having said that, I don't think the value of Dan's disc will be severely
diminished by the lack of inclusion of the photo-3d archives (no slight
to fellow list members intended nor should be inferred).  After all, the
archives are still searchable on-line.  The primary benefit I personally
see in the disc is saving hundreds of hours of time on a slow modem line
downloading all of the HTML and images and other graphical content.  I
would still prefer to have the archives on the disc than not, however.

     -Greg W. (gjw@xxxxxxxxxx)





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