X-Message-Number: 1138
From: 
Subject: Letter to Paul and Saul re copyrights
Date: Tue, 11 Aug 92 16:13:41 PDT

Saul Kent
16280 Whispering Spur
Riverside, CA  92504

Paul Wakfer
1220 E. Washington St., #24
Colton, CA  92324

August 10, 1992

Dear Paul and Saul:

I would be addressing this to Saul alone, but yesterday at the 
Alcor board meeting Paul claimed joint responsibility for the 
second edition of "It's Time For A Change" and the copy sent to 
me has Paul's return  address. 

As Paul and I discussed briefly, I consider your use of material 
which I posted to the 0014 thread on CryoNet to be a probable 
violation of copyright and certainly a violation of net protocol.  
This material was *not* written to "bulk out" your book attacking 
Carlos.  Including my posting entirely, and making 125 copies of 
it, certainly takes this matter well beyond any stretching of the 
"Fair Use" doctrine. 

At this point, the damage is largely done since Paul told me he 
had shipped 75 copies.   

Had you asked, I might have given you permission to use the 
material I had written for CryoNet, but it certainly would have 
been with several conditions. 

First would have been a short explanation as to net protocol and 
the special meanings attached to punctuation strings such as :) 
and :-( for those who are not up on net customs (I presume this 
applies a majority of those to whom you sent your book).  They 
are (when you turn your head sideways) respectively a smiley face 
and an unhappy one.  The method to include attributed copy from a 
previous posting by either indenting or some number of > should 
be made clear as well. 

Second, I would have asked for a more equitable cutoff point.  
Either an even number of postings and replies, or a mutually 
agreed cutoff point with Steve.  I can supply you with the fourth 
in the series if you do not already have the text.  In fairness, 
you should have also included my posting replying to Brian.  In 
it I was supportive of his position, and offered to help.  We 
only differ in the definition of "possible budget," with Brian 
being rather more expansive than I am. 

Third, I would have asked that you get permission from Steve and 
Brian to include their material. 

I am also very concerned with your inserting a letter (also 
without permission) from Carlos without the letter it was 
replying to. and the earlier matter of inserting a 
limited-distribution communication from Tanya without her 
permission.  

It seems to me that a reasonable response for the two of you (in 
light of the problems I have pointed out in the second edition) 
would be 1) to implement the three points above in the stock of 
books you still have, 2) to supply a list to me of the recipients 
to date and 3) to copy and mail the missing material as described 
above to the list of those to whom you have already sent the 
second edition.  I would also require that you give the 
ready-to-mail bundle to Alcor to mail.  As an economy measure, 
you may want to see if you can include material to satisfy Carlos 
as well. 

I hope you see that there is an issue of courtesy and fairness 
involved here, and that the two of you are willing to correct it 
to the extent possible. 

In the future, I strongly suggest you seek permission before 
making a lot of copies of anybody's writings.  Please note that 
all written works (especially mine!) are copyrighted under the 
1989 law even if a copyright notice is not included.  Also, 
posting to a private mailing list does not put written material 
into the public domain.  If you have any doubt, please consult 
Title 17 USCA, Section 117, any recent book on copyright, or a 
copyright lawyer. 

Sincerely,


H. Keith Henson

(Sent by email, hard copy on request.)

Rate This Message: http://www.cryonet.org/cgi-bin/rate.cgi?msg=1138