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Message-ID: <33243asstr$1004933404@assm.asstr-mirror.org>
From: anon584c@nyx.net (Uther Pendragon)
Reply-To: anon584c@nyx.net
Subject: {ASSM} {FAQ} Courtesy and Copyright
Date: Sun,  4 Nov 2001 23:10:04 -0500
Path: assm.asstr-mirror.org!not-for-mail
Approved: <assm@asstr-mirror.org>
Newsgroups: alt.sex.stories.moderated,alt.sex.stories,alt.sex.stories.d
Followup-To: alt.sex.stories.d


                     COURTESY AND COPYRIGHT
                   FAQ  Version 0.1  November, 2001

                              - = - 

In the alt.sex.stories.* hierarchy, we have arrived at a 
widespread -- although not universally held -- consensus on the 
courtesy owed the original author of a story.

That is that such a story should not be reposted on Usenet, nor 
posted on the Web without the consent of that author.  Such 
consent can be personally solicited when you want to repost; such 
consent can be granted by the author when he originally posts the 
story.  Other means exist.


As a rule of *USENET*, this is subject to the usual lax, 
anarchic, Usenet enforcement.  You violate the rule, and somebody 
may, probably will, point out your violation -- possibly 
publicly -- probably rudely.  Commonly violate the rule, and you 
will be regarded as one of the vermin of the community.  People 
may well complain to your ISP; your ISP may well act on the 
complaint.

You should be aware, however, that the Usenet rule lies within 
the rules of the larger society.  What we have articulated above 
is merely a restatement of a small part of the international law 
of copyright.  (Which would be the real basis of your ISP's 
acting on the complaint, not simply the alt.sex.stories.* rule.)  

The rights granted under copyright are fairly simple and 
universal.  Enforcement is national and much more complex.

Copyright ultimately expires.  We are not going to describe the 
various limits, except to say that anything composed for Usenet 
will be still under copyright long after this FAQ is obsolete.

                              - = - 

One of the most frequently asked questions on this issue goes 
like this:  "I'd prefer some other rule; certain kinds of use of 
previously published stories to be permitted unless specifically 
forbidden.  Why isn't that the rule?"

(And, of course, remarkably different ideas are suggested as the 
"natural default" on Usenet.)

The FIRST thing to be understood, is that it *isn't* the rule.  
The rule has been stated, not raised for debate.  When that is 
understood, we're glad to provide explanations.  There are many, 
any one sufficient:

1  When you are talking about courtesy to authors, you can hardly 
talk about granting them some fraction of their legal rights.  As 
mentioned, international law grants authors the right to control 
the making of copies of their stories.  Permission must be 
explicit.

2  Similarly, that is not only the alt.sex.stories.* 
understanding, it is the understanding all over the world.  Who 
would take the responsibility of communicating the new 
understanding to each person who writes a new story *before* that 
person posts it?

Moreover, it is the nearly-universal rule that all rights need 
explicit permission.  Even when signs of non-permission are 
common, "Private property, no trespassing," "Driveway, no 
parking," the law does not require those for its enforcement.  
They are mere reminders.  When your neighbor takes his "No 
trespassing" sign down to repaint it, you don't take that as an 
invitation to have a picnic in his garden.

3  Experience on alt.sex.stories.* reveals that many collectors, 
some of them innocently, snip copyright notices.  That being the 
case, the lack of a copyright notice on a particular copy doesn't 
give good evidence that the *original* story lacked a copyright 
notice.  (It is, of course, possible to fake a notice of 
permission; but this is rather more blatant.)  

By the way, the law has currently become significantly more 
severe on removing or altering copyright notices (and such things 
as bylines) than on simple copyright violation.

                              - = - 
Stored at:
            http://www.nyx.net/~anon584c/posting/c&c,txt

-- 
Pursuant to the Berne Convention, this work is copyright with all rights
reserved by its author unless explicitly indicated.
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