Re: digital-copyright Digest 26 Mar 2004 16:00:00 -0000 Issue 356

[Scott Drone-Silvers <dsilvers@xxxxxxxxxxxxxxxxx>]

> Re: digital-copyright Digest 25 Mar 2004 16:00:00 -0000 Issue 355
John,

Monetary damages is just 1 piece of the picture that a judge looks at. Many
- if not most - educators I know make the same assumption - and they are
just as wrong. Fortunately, many don't get caught. But as the original
poster attests, it does happen. Hopefully, it isn't an expensive lesson.

If the article had been located on a password-protected portion of the
instructor's site (like a course page or in a course management system where
students have to log in to access content), then you're probably pretty safe
- probably. You're a whole lot safer if the article would have been up for
only  a limited period of time (like a a few days around a particular class
session or assignment). The more of the 4 tests you can have a good,
concrete, defensible answer for, the better off you're going to be.

Your example of linking to someone else's website (not included here) is
problematic, too. There are some issues to consider there as well: a) will
your link cause the web site to bear a high degree of traffic, enough to
cause the site's ISP to have concerns?; b) are you linking to the front
page, or "deep linking"?; c) have you asked permission to link? While MOST
folks don't have a problem if you link to their website, some might - and a
website is copyrighted whether it says so or not.


> 800 by: John  R. Tersigni
> ----------------------------------------------------------------------
> 
> Date: Thu, 25 Mar 2004 14:59:14 -0500
> To: <joehall@xxxxxxxxx>, <digital-copyright@xxxxxxxxxxxxxx>
> From: "John  R. Tersigni" <jrt7@xxxxxxxxxxxxx>
> Subject: RE: digital-copyright Digest 25 Mar 2004 16:00:00 -0000 Issue
> 355
> Message-ID: <NEBBILMKMLEKKKLKILCPMEPHDMAA.jrt7@xxxxxxxxxxxxx>
> 
> Joe,
> The real question is, did the party who published her site benefit
> financially
> from the post? If they did, then that's another matter. If the site was used
> for educational purposes only, she has no case. Of course people can sue for
> anything. Her lawyers better get a nice retainer, because she's going to
> lose
> if there's no profit involved. If you ask the money question, you'll usually
> find the answer or something close to it.

> --John


Scott Drone-Silvers
Director of Library Services
Lake Land College
5001 Lakeland Blvd.
Mattoon, IL 61938
(217) 234-5338 / FAX (217) 234-5533
Web Page: http://www.lakelandcollege.edu/library/