C. Coats-Siercks wrote:
> 
> So Steve are you saying we can put anything into a research site...I'm a
> little leary of this since the internet is taking copyright law to a new
> twist....in other words is research my own provide research or can I
> share it via the web...

The Internet hasn't changed the essential nature or intent of copyrights.  The
fundamental principles apply to actions on the net just as they do to any other
medium.  

The main confusion that the Internet introduces is one of jurisdiction.  Which
countries laws apply and who enforces them?  Is the message writer responsible
for compliance with all the millions of laws in all of the thousands of
countries, states, counties, cities, etc., where the message may eventually be
distributed?  Is the routing/delivery service provider (i.e. Rootsweb)
responsible?  Is the connection provider (e.g. AOL, Prodigy, local ISPs)
responsible?  Is the "packaging" service (i.e. SCRoots) responsible?  Is the
long-term storage provider (e.g. Liszt.com) responsible?  

I think it is an impossible burden to expect an individual or small operator to
know or comply with millions of laws written in hundreds of languages.  No
person could possibly read all of those laws.  But, it may be reasonable to
expect them to know and comply with the laws in the country where they live or
work.  However, I leave these issues regarding jurisdiction for others to
resolve.

Obviously, as manager of the forum, I'm concerned about legal issues.  I don't
want anyone suing me because someone who I have no control over publishes
something in the forum which may be claimed to violate copyright. 

To help reduce my exposure to such lawsuits, I think it is fair, reasonable, and
proper to make the person who does the copying responsible for their actions. 
So, I've stated in the Forum Policy that the person who sends a message is
considered the writer and publisher of that message.  SCRoots does not have the
means or resources to prior review, edit, verify, or censor the messages.  The
person who writes or publishes a message is responsible for compliance with
whatever laws apply.  And, frankly, I don't know what laws apply.  So I've also
stated in the Forum Policy that each person should take whatever actions are
necessary in order for them to make their own determinations that they are in
compliance with applicable laws.

From my reading and thinking about United States copyright laws, I believe that
the law grants to the holder of the copyright the rights needed to make money
From their works.  I think that any copying or distribution of the work that
interferes with or harms the copyright holder's ability to make money from the
work is a potential violation.  Copying that does not do that, or that actually
improves the rights holder's ability to make money from the work is probably not
a violation.  The tricky part is knowing whether the action will harm or help
the copyright holder.  If there is doubt, leave it out.

One more point.  As Forum Manger I do try to review the messages from time to
time for general compliance with Forum Policy.  If I become aware of anyone
stretching the boundaries of reason regarding copyright issues, then I will warn
them to stop.  If they persist, then I may remove them from the subscribers
lists.  This hasn't been a problem yet.  The quoting from copyright works that
I've seen so far have been more likely to stimulate people to seek out and
purchase the works rather than to reduce sales.  Authors and publishers should
love and encourage publicity like this.  Especially for reference materials such
as these which get little publicity except from genealogists telling each other
about them.

These are my thoughts and opinions.  Only the courts and juries can give
definitive answers on a particular case regarding copyrights.  Anyone else can
only give opinions.

Steve Coker
Forum Manager

==== SCROOTS Mailing List ====