Great Circle Associates List-Managers
(March 2000)
 

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Subject: Re: Unauthorized archiving and presentation of mailing list by remarq
From: Istvan Berkeley <istvan @ louisiana . edu>
Organization: Philosophy, The University of Louisiana at Lafayette
Date: Thu, 09 Mar 2000 13:44:27 -0600
To: Rich Kulawiec <rsk @ gsp . org>, list-managers @ greatcircle . com
References: <20000309075412 . A9102 @ gsp . org>

Hi there,
It does appear that RemarQ is picking up mailing list traffic and
archiving it. In the case of my list (PHILOSOP) at least, they are doing
this without any authorization.

I talked to the people who know about such things here (our person
registered from the purposes of the  Digital Millenium Copyright Act).
Apparently, the appropriate response is to send a registered letter to
their agent for service of process. This is,

Vincent Chow
RemarQ Communities, Inc.
55 South Market Street
Suite 1080,
San Jose, CA 95113 

(see http://www.remarq.com/corporate/contact_us.html).

In my letter I politely requested that the cease and desist from their
apparent unapproved archiving activities and notify me of their
compliance, before the end of the month. Apparently, a registered letter
is better than an e-mail as one can get proof of delivery.

It is also interesting to note that many of the subscription requests
that come from these guys fail to specify an e-mail that is usable. That
is to say, my list 'welcome' messages often bounce. As a consequence, I
nuke the subscriptions.

Does anyone know what the deal is with these guys? Do they claim that
their carry unauthorised list content is somehow sanctioned under
Section 107 (fair use)?

All the best,

Istvan
PHILOSOP Moderator
-- 
Istvan S. N. Berkeley, Ph.D.
Philosophy & Cognitive Science          E-mail: istvan @
 usl .
 edu
The University of Louisiana at Lafayette
[Formerly, The University of Southwestern Louisiana]
P.O. Box 43770                          Tel: +1 318 482-6807
Lafayette, LA 70504-3770                Fax: +1 318 482-6195
USA                             http://www.ucs.usl.edu/~isb9112



References:
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From: Russ Allbery <rra @ stanford . edu>
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