Slashdot Mirror
Can Copyright Apply to SPAM?
Richard W.M. Jones asks: "The Great Spam
Archive received a legal threat today. A
'lawyer' claims that some spam displayed at the
site is copyright, and must be removed.
I'm claiming it's fair use for me to display
an unwanted email sent to thousands (probably millions)
of people at random. Is this fair use, or do they
really have a case?"
Tell the 'lawyer' that you need definitive proof of the identity of the original author, and that said 'author' must personally claim copyright infrigement. If the original spammer want to claim authorship of the original spam, fine. Otherwise, I'll bet you never hear from said 'lawyer' again.
You are being MICROattacked, from various angles, in a SOFT manner.
In "real" mail unsolicited mail (including not only letters but any other items sent) become the property of the receipent. As far as I know this law does not currently apply to email but I don't see any reason it shouldn't.
~~~~~~~
"You are not remembered for doing what is expected of you." - Atul Chitnis
In the future, I would set up an account that you do not use for real email. Use this account in some newsgroup postings and on the web to attract email harvesters. (you probably already do this part...)
For every email you receive auto-reply with a notice that by sending to that email address the spammer grants publication rights to the Great Spam Archive. (you may wish to be "fair" and give the spammer a chance to opt-out of this)
This should help resolve issues like this.
My apologies, I did not first look at the "letter" you received from the "lawyer," attached below in complete defiance of any applicable copyright. Nyahhh.
... well, let's not dignify this. The legal Q raised is pretty interesting, but will wait for another day.
h tm l
This person is not a lawyer. The lack of a name -- for either lawyer or client -- and staggering number of typographical errors and lack of even verb agreement (owner/have -- plus it's)
Write back to these people if you must, and ask if they'd be interesting in buying your new line of nitric acid suppositories. Maybe let AOL know the account is being used to send anonymous harassing emails by someone impersonating a lawyer.
****
From: Legalservicesdp@aol.com
Date: Wed, 27 Nov 2002 14:02:52 EST
Subject: Copyright Infringement
To: Rich
Dear Mr. Rich:
You have stored on your web site, and published without permission, the
enclosed copyright protected documents, at
http://www.annexia.org/spam/messages/Junk0/037.
The owner of these documents have requested that you remove them
immediately, as it's publication is Copyright Infringement Please respond
within 10 days to inform us you have removed the documents.
Sincerely,
Legal Services