Klarinet Archive - Posting 000944.txt from 1999/03

From: "Hiroshi Nagatsuma" <hiroshi@-----.jp>
Subj: [kl] Why not Foster?
Date: Tue, 16 Mar 1999 23:38:20 -0500

As Mark Twain is not for children,Foster is an American composer for the
world adult people.Magnificent clarinet player will be able to play his
music splendidly,I guess.But I have never found any records or CDs neithe=
r
sheet musics for clarinet.Is there?
Hiroshi
-----Original Message-----
@-----.net>
@-----.org>
=93=FA=8E=9E : Wednesday, March 17, 1999 12:16 PM
=8C=8F=96=BC : Re: [kl] Copyright (was [kl] Gilbert and Sullivan parody)

>In response to Lelia's latest postings, Steve Goldman stated:
>
>> Implying that Cindy was a plagiarist and questioning her morals
>> tells me much more about your personality then hers.
>
>Not only would I like to echo this but I would also like to report that
>Lelia has read the same parody posting by myself and others on a variety
>of newsgroups and has chosen this list to make her stand.
>
>Lelia, why go after clarinetists when you could be going after
>saxophonists and others?
>
>Certainly, this is an issue of such paramount legal importance to Lelia
>that I would think she should also post to every other newsgroup she's
>on where she has read this parady so that she can quite legalisticly
>stifle and police the social intercourse that goes on there as well. Oh
>yes, I and anyone else who can put this in more human terms can probably
>describe the need for such self-righteous policing of the Internet but
>I'm not economically willing to push this far enough to face Lelia in
>court, with expert witnesses, not all testifying about copyright laws,
>even though Lelia has made it clear she's spoiling for legal actions.
>
>Granted, Mark and the rest of us (hopefully) don't want copyright issues
>and litigation converging on the list as a result of the postings here.
>However, there are numerous other people who post to this list without
>legitimate or complete references, an issue I raised with Lelia and
>didn't - unfortunately at that time - see the need to cover my butt by
>keeping a copy of my email to her.
>
>Nonetheless, now that the issue is raised, Mark's anarchy has to come
>crashing down and WE MUST, for the legal purposes Lelia has raised,
>cover out collective butts by not allowing any postings of speculation,
>heresay, or conjecture, especially ones that quote second-hand sources,
>other people, or other sources of intellectual property. At the very
>least, this will require a group of people who review messages and
>netiquite rules such as are used on the flute list. And, the rules will
>need to state, very clearly, that anybody who makes a copyright
>violation will be notified the first time, warned the second time and
>removed from the list the third time or something of that nature.
>
>Are we ready and willing to do this or is maintaining an anarchy worth
>the risks of not having rules addressing such serious and profound legal
>violations that are made, almost daily, on this list? If you doubt me,
>get a clear legal reading on this - I'll bet the possibilities for
>litigation are numerous enough to shut the list down, regardless of
>denial and opinions to the contrary. I'll be damned if I know for sure
>but I do understand the terrorism of threats of legal action and I have
>no legal and binding evidence from Lelia that what she has raised will
>not drag me or anyone else her into court, if it benefits a legal action
>she is pursuing. You see, she can use this list as an example of how
>widespead and commonplace plagariasm on the Internet is along with how
>people flagrantly violate copyright laws, even after having been duly
>warned. After all, Lelia has duly warned us and we damn sure better pay
>attention and respond to her every wish and command.
>
>I only have Lelia's word that she is not currently pursuing legal
>actions, at the moment, and an impression that she is a very
>self-righteous and potentially vengeful individual, searching for people
>to litigate herself. She's openly stated her activities along this
>line, in her searches for plagiarism on the Net, yet continues to bait
>people who don't know better with some of her witty postings here that
>damn good and well had better not appear elsewhere, especially in a
>modified form - caveat emptor turned into let the reader beware.
>
>I'm serious about this issue raising the question of needing stringent
>and enforceable rules on this list, explicitly covering any comments
>made about what other people have said or anything that even remotely
>implies a potential copyright violation. People can be liable for such
>comments as "my teacher or band director said ...", etc. and even school
>children should know about their potential liabilities for the remarks
>they make. Otherwise, they probably won't grow up to be legally
>responsbile adults.
>
>Clearly, by her absence of posting these remarks to some of the other
>lists/newsgroups Lelia belongs to indicates she has chosen her battle
>ground and it is this list.
>
>Will something be done to clean up and police this list or will the
>silent majority prevail? And, if we ignore this issue, are we risking
>being involved in some future litigation of Lelia's? Can we trust her
>not to involve us as supporting evidence in one of her proposed legal
>actions? After all, she has clearly stated she is searching for
>possible instances of her work (email, included, I assume) with the
>intent of litigating. And, after this recent warning to us about such
>behavior, we - meaning the list and its members - are a prime example
>which could be used in numerous different ways to substantiate whatever
>points might be deemed necessary or useful by her attorney.
>
>FWIW, some of this is parady and some of it is serious. Trouble is, I
>don't necessarily know which. I just feel, IMHO, it's a kiss of death
>type issue for the list that probably must be confronted and not
>ignored.
>
>I'm sure to be flamed over this! At the very least, this issue is
>serious enough for me to consider sticking my head back in the ground
>and bailing from every list on the Net, knowing Lelia is out there.
>
>Jim
>
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