??? 10/05/09 03:29 Read: times Msg Score: -1 -1 Answer is Wrong |
#169406 - It depends on how the IP is used, doesn't it? Responding to: ???'s previous message |
As long as one doesn't advertise it for gain, and, in any way, harm the original publisher, there's no cause of action. After all, the copyright owner has to be harmed in some tangible way. He's the one who published the document for free access. He didn't forbid its use or, generally, even its distribution. He simply withdrew it from his own website. Beyond that, he could do nothing.
If someone archived it and didn't remove the archive from his own website, there's been no harm. If one charged for the use of the document, then there could be a claim that the original publisher could have netted that charge, hence sustained damage. If there is and was no charge for the original document, there's room for debate as to the value of the item, which, after all was made accessible at no charge to anyone and everyone who desired it. It would be different if the publication mechanism were different. If it's made freely available to anyone and everyone, then it has no commercial value. The result, therefore, of copying it can engender no damage. If there had been specific agreement, or any commercial exchange, that would not be the case. RE |