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From Ted Mittelstaedt <t...@ipinc.net>
Subject Re: Should Emails Have An Expiration Date
Date Wed, 02 Mar 2011 09:57:03 GMT
On 3/2/2011 12:19 AM, Mariusz Kruk wrote:
> On Wednesday 02 of March 2011, Patrick Ben Koetter wrote:
>>>>>  From a legal perspective I will point out that any e-mail you
>>>>>
>>>>> receive is (at least in the US, but most other countries too)
>>>>> considered copyrighted by the sender.  Under copyright law the
>>>>> sender has the right to control expiration of content they create,
>> German law will not work in this case for the same reason it won't for
>> email disclaimers too. The rationale is that "one-sided agreements rescind
>> a contract", which is the case if a sender declares e.g. a copyright on a
>> message or wants "to control expiration of content they create".
>
> Furthermore, let's not forget that while maybe in US every possible imaginable
> thing can be covered by copyright law, in sane countries copyright only
> applies to "works". Work has to be creative.

That applies in the US also.

> If I just send you an email
> saying "pay me back my $200 you stupid bastard", it doesn't make it a
> copyrighted work.

It depends on how you say it.  The above statement isn't original
so because of that alone it's not creative.

> Furthermore, many copyright laws have "permitted use"
> (sorry, don't know the right english term for it) instead of fair use which
> explicitly says what can be done with a work after its first publishing. And
> this use cannot be limited by any contract,

Untrue when it comes to electronic works, as a result of WIPO Copyright 
1996.

Ted

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