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Strategies & Market Trends : Bob Brinker: Market Savant & Radio Host -- Ignore unavailable to you. Want to Upgrade?

To: Bob Brinker, Jr. who wrote (3519)	2/19/1998 9:46:00 PM
From: Justa Werkenstiff	Respond to of 42834

Bob: You attempt to distinguish physical copying of MarketTimer versus retransmission of it over the internet. You suggest the former is clearly a violation of the copyright law while the latter is not. But there is no distinction. Section 102 provides that copyright protection extends to any original work fixed in any tangible medium of expression now known or later developed if the works can be perceived, reproduced or otherwise communicated from the medium of expression. There is no difference, therefore, between a paper copy of MarketTimer and one that exists on the internet. The fact that it takes longer to infringe the copyright laws by using snail mail is of no consequence. Thus, there is no difference under the copyright law between sending out MarketTimer to my buddies via snail mail and retransmitting ("copying" pure and simple) the same MarketTimer over the internet by the forwarding mechanism. Absent a license granted by your Dad he retains reproduction rights to his newsletter even after I have it in my hands or see it in my internet mailbox. Both examples are clear violations of the copyright laws. If you believe that retransmission may not be a copyright infringement then you may be also suggesting that it is not a copyright infringement to scan a copy of MarketTimer and then distribute it over the internet, unless you see some valid legal distinction between scanning and transmission as opposed to simple retransmission of an electronic newsletter. Not only do I believe that is an incorrect statement of the law, Dad may not be a happy camper with the implications of your position <g>. I think the decision to keep MarketTimer off the internet must rest in practical considerations alone (as you have raised). The copyright stuff just mucks up your argument.

To: Bob Brinker, Jr. who wrote (3519)	3/3/1998 12:34:00 AM
From: XOsDaWAY2GO	Read Replies (3) \| Respond to of 42834

After Bob's show Sunday, I continued listening to the station, and the Art Bell show came on. I then went to his website and discovered something that we have all been interested in receiving. (I had not heard of this person before, but the person is not relevant to this adventure.) I discovered that this Art Bell had archives of past radio shows that one can listen to at their convenience! I don't know what the details are in providing this, but thought I would include the gentleman's website so, if this is something that Bob should choose to do, there will be a starting point to investigate. (I guess I will have to type in the web address, since I can't figure out how to drag it on...) It's www.artbell.com. Barbara