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Can Copyright Apply to SPAM?

Posted by Cliff on from the now-that's-just-downright-eerie dept.

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?"

2 of 159 comments (clear)

  1. Consider setting up a honeypot by Zach+Garner · · Score: 5, Interesting

    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.

  2. Oh bullshit! by MacAndrew · · Score: 5, Interesting

    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.

    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) ... well, let's not dignify this. The legal Q raised is pretty interesting, but will wait for another day.

    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.h tm l

    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