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Old February 17th 06, 09:34 AM posted to rec.radio.amateur.homebrew
Roy Lewallen
 
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Default Want: 73 & Ham Radio Magazines

- exray - wrote:

Every instance I've had at contacting original writers has said yes and
publishers have simply not responded, or responded with unintelligible
legalise CYA BS.
As has been explained to me that published articles become the domain of
the publisher and the original writer has no legal say. Who knows what
their 'contributing writer' contract says.
Given the small niche of reproduction as compared to 'the law'...just do
the drill and if someone says stop, then stop. Keep about $3 in a legal
escrow for the one asshole guy who would make a case out of it.


I suggest keeping more like $20,000. The last time I checked with my
lawyer, that was the maximum penalty for willful copyright infringement,
in addition to any monetary damages which could be proved. All that's
necessary to get the $20k, I was told, is to prove that the infringement
was willful, not that any financial damage occurred. But that was quite
a number of years ago, and in any case this shouldn't be taken as legal
advice or fact. Anyone contemplating willful infringement would be well
advised to check with his own lawyer. Tangling with that "one asshole
guy" could be an experience to remember.

People seem to have less and less compunction against stealing
intellectual property, I suppose because it keeps getting easier to do.
Rationalizations are as diverse and original as fertile minds can
create. The ultimate result will be that eventually, nobody will bother
creating anything original.

Incidentally, I was told by the ARRL that authors of articles in all
their publications are given blanket permission to put a copy of
articles they've written on their own web site, with appropriate
acknowledgment that the ARRL owns the copyright and reproduction is by
permission. That's generous of them.

Roy Lewallen, W7EL
 
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