Matthew S. Hallacy writes:
> And once you've released something into the public domain you can't
> simply change your mind and retract it.

Posting a message to a mailing list does not make it public domain.  What
makes you think that it does?

> If you stand up in the middle of a group of people to make a
> statement, and that meeting is being videotaped, do you think you
> have any right to demand that anyone with a copy of that video tape
> erase the parts in which you participated?

A public performance is likely different than a written work.  My guess is
that the content would be copyrighted, while the performance would not be.
I believe that the person who shot the video would hold the copyright on the
video.  Of course, that doesn't mean you can video tape a copyrighted movie
and claim it as your own.

> It's essentially the same thing. The person making the request in
> this case has joined a public forum, that they were well aware is
> archived, and
> indexed by search engines. This person made a statement that [for
> some reason] they wish to retract.

I'm not aware of any legal precedent that gives implicit consent for a
message to be used in this manner.  Even if this were true, it is
conceivable that the consent could be revoked later.

This is different from a printed book.  A book is copied once when it is
printed.  A web archive is copied everytime it is accessed.

> Now, do you think that _any_ court would order a [large] group of
> people to erase portions of a recording made in public on the whim of
> a person who made a statement they wish to essentially erase?

Again, this is a completely different issue.  Having a copy of something and
copying / publishing something are very different.  You need to understand
that distinction.

> Point: You have to think before you speak, and be prepared to have it
> follow you around for the rest of your life, maybe longer.

That is irrelevant to this discussion.  You need to answer the question:
What right do you have to publish someone's copyrighted work (in this case,
a message)?

--
David Phillips <david at acz.org>
http://david.acz.org/


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