Cute letter. It's built upon a foundation of faulty suppositions, and imaginative stretches of logic, but it's cute. :) I'll be interested (if the powers that be decide to share) to see the official response (if any). Sincerely Aaron Cannon At 12:32 PM 10/26/2004, you wrote:
Hello
Here's a letter (which I'm apparently breaking some US law by forwarding, but I'll take the risk) which I find disturbing. Seems that "Project Gutenberg established PGA to permit the illegal downloading of works". Of this I wasn't aware. As a big contributor to PGA it concerns me personally, as well as setting a very dangerous precedent.
Does one country have the right to dictate to another what a website can contain when it falls within the law of the host country, and can they force some sort of restrictions on the downloading of material?
Don.
------- Forwarded message follows ------- From: "Col Choat" <colc@gutenberg.net.au> To: "Don Lainson" <dlainson@sympatico.ca> Subject: FW: Copyright Infringement of Gone With the Wind Date sent: Tue, 26 Oct 2004 09:36:48 +1000
-----Original Message----- From: Gonzalez, Dalgis [mailto:dgonzalez@fkkslaw.com]On Behalf Of Selz, Thomas Sent: Tuesday, 26 October 2004 6:29 AM To: colc@gutenberg.net.au Cc: Paul Anderson Sr. (E-mail); Paul Anderson Jr. (E-mail); Thomas Hal Clarke (E-mail); Thomas Hal Clarke (E-mail 2); Selz, Thomas Subject: Copyright Infringement of Gone With the Wind
October 25, 2004
Certified Mail- Return receipt Requested
Project Gutenberg 405 West Elm Street Urbana, IL 61801
By e-mail (colc@gutenberg.net.au)
Project Gutenberg of Australia
Re: Copyright Infringement of Gone With the Wind
To Whom It May Concern: We represent the Stephens Mitchell Trusts (the Trusts), the owner of the copyright to the book, Gone With The Wind (GWTW). There are copyright provisions around the world, including, without limitation, the United States Copyright Act, 17 U.S.C. §101 et. seq, which grant the Trusts, as copyright owner, the exclusive right to reproduce and distribute GWTW in the United States and elsewhere. It has come to our attention that Project Gutenbergs affiliate, Project Gutenberg of Australia (PGA), is publishing GWTW in electronic book form on its web site located at www.gutenberg.net.au (the Web Site). The Web Site states that PGA produces etexts in accordance with Australian law and that the books available on its site are in the public domain in Australia. While the Web Site warns that some of its ebooks may still be protected by copyright in the U.S. and suggests that U.S. users check U.S. copyright laws or visit Project Gutenbergs U.S. web site for its list of public domain works, there is nothing to prevent any U.S. user from simply downloading GWTW from the Web Site. Indeed, we were able to do so easily. It appears to us that Project Gutenberg established PGA to permit the illegal downloading of works that are still subject to copyright protection in the U.S. and elsewhere. Project Gutenbergs and PGAs willful, knowing and unauthorized distribution of GWTW to users in the U.S. and elsewhere where copyright protection remains available is a blatant violation of our clients rights under applicable statutes and common law. Please be advised that Project Gutenberg and PGA are subject to U.S. copyright law and to jurisdiction in the U.S. for their infringing activities through applicable jurisdiction statutes governing the commission of acts of infringement that either occur in the U.S. or have an effect in the U.S. On behalf of the Trusts, we hereby demand that Project Gutenberg and/or PGA confirm to us within five (5) days of receipt of this letter that you have removed GWTW from the Web Site entirely or that you have taken all necessary steps to prevent the downloading of GWTW in all places in which it is protected by copyright. Please be advised that if we have not received confirmation of your willingness to comply with the foregoing demands, we will take all appropriate steps to protect and enforce our clients rights. This demand is without prejudice to all of the Trusts rights and remedies in this matter, both legal and equitable, all of which are specifically and expressly reserved.
Very truly yours,
Thomas D. Selz
cc:Paul H. Anderson, Sr., Esq. Paul Anderson, Jr., Esq. Thomas Hal Clarke, Jr., Esq. Dalgis E. Gonzalez FrankfurtKurnit Klein & Selz, PC 488 Madison Avenue New York, New York 10022 Tel: (212) 980-0120 x6735 Fax: (212) 593-9175 E-mail: dgonzalez@fkkslaw.com
This e-mail and any attached files are intended solely for the use of the individual or entity to which this mail is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. Any use, disclosure, copying or distribution of this e-mail or the attached files by anyone other than the intended recipient is strictly prohibited. If you have received this e-mail in error, please notify the sender by reply e- mail or collect call to (212) 980-0120 and delete this e-mail and attached files from your system. Thank you.
------- End of forwarded message -------
Don Lainson dlainson@sympatico.ca
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