Re: [cobalt-users] Importing old list content

["Zeffie" <cobaltlist@xxxxxxxx>]

> Well, I am a lawyer - and without any preconceived opinion - I decided to
> take an unbiased look for myself - a Sgt. Friday "Just the facts, ma'am"
> examination.
>


As a lawyer you then should understand why i won't be commenting ....  But i
will make some jokes...

> Basically, as I see it, there are only three possible owners of the
messages:
>    1.  host of the list
>    2.  original message author
>    3.  Public Domain
>

I love it when lawyers call me and they have everything figured out...
LOL...  you don't.. not even close....

> Basically, as I see it
As you see it is nothing,.. it's the judge that counts...


> HOST OF THE LIST
> ----------------
> First, I went to the "cobalt list" main page and looked for any "end-user
> license agreement" or "terms of use" or any other similar type document
> describing, limiting or specifying how the list could be used.  I did not
> find one.
>
> Granted that I only looked for a few minutes, but if one of my clients was
> designing a site, I would strongly suggest that they make it obvious and
> easily accessible.
>

the site has been through changes... in fact it was called cobaltnet.com and
later cobalt.com

> ORIGINAL MESSAGE AUTHOR
> -----------------------
> Second, I examined some of the individual messages.  None of the messages
I
> read had any "copyright" or other intellectual property right notices or
> insignia.  The closest thing to any type of "legal notice" was a
disclaimer
> saying "your mileage may vary" so don't blame me if it doesn't work.
>
> PUBLIC DOMAIN
> -------------
> Therefore, since no one else owns the list archives, I would suggest that
> the "PUBLIC" owns them by default.
>
> SUMMARY
> -------
> Therefore, if the keepers of the new list want to alter the messages to
make
> the list more useable and prevent the dead links - GO FOR IT!  Without any
> additional information or facts, I see no LEGAL REASON why you should not
be
> able to do it.
>
> Now, if you are afraid of not getting your Z's since Zeffie has stated his
> intention to "go after anyone that does" that is a different matter - but
> not a LEGAL MATTER.
>

Well they you and your client can just pay for it in court can't you....
You would love to make some wasted cash at the expense of the users wouldn't
ya?


> ALTERNATIVE LEGAL THEORY
> ------------------------
> In the alternative, I would also argue that since Sun has stated their EOL
> policy toward the Cobalt product line, that the worst-case, most-limiting
> position anyone could take would be the BSD-type license under which we
are
> now operating.  And, I do not think correcting/revising links would
violate
> the Sun license.
>
> OTHER ISSUES NOT INVOLVING INTELLECTUAL PROPERTY
> ------------------------------------------------
> Zeffie, I am not sure how you would allege/plead/petition or prove a fraud
> or misrepresentation claim by correcting dead links - but I am always
> willing to learn new things about our wonderful, dynamic mistress known
> as "The Law" - so please let me know.

LET ME QUOTE

"Zeffie, <BOLD>I am not sure <?BOLD> how you would allege/plead/petition or
prove a fraud or misrepresentation claim by correcting dead links"

Try to be sure with your clients... it's always a bad thing to say.. "i'm
not sure"  because if your not then I know the rest out of your mouth is
perhaps worthless...

ok.. lets shorten this nasty sig thing....  it's making me sick too...

ok.. it's down to these sites/projects....  tick tick don't waste my time
and your money with this kind of crap...  it's the courts...

Zeffie...  "Get your Z's with Zeffie"  734-454-9117
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