SC - OT: Web copyright -- can Earthlink use my material?
david friedman
ddfr at best.com
Sat Feb 3 22:49:25 PST 2001
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At 12:51 AM -0500 2/4/01, rcmann4 at earthlink.net wrote:
>And it came to pass on 3 Feb 01, , that david friedman wrote:
...
> > Does the language say somewhere that all those rights you have
>> licensed to them vanish if you decide to give up the account?
>
>I don't see anything to that effect. Their Internet Use Policy, which
>contains the passage I quoted, is at:
>http://foyt.msd.earthlink.net:81/about/policies/accessagrmnt.html
It does say:
Sections 3, 4, 6, and 11 of this Agreement shall survive termination
of this Agreement.
And the passage you are concerned with is in section 8, so it doesn't
survive. I don't know whether that means that the license you have
granted them vanishes, or if their position would be that once
granted you can't revoke it.
I suggest corresponding with Earthlink to get a clearer idea of just
what they are claiming.
- --
David Friedman
Professor of Law
Santa Clara University
ddfr at best.com
http://www.daviddfriedman.com/
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<div>At 12:51 AM -0500 2/4/01, rcmann4 at earthlink.net wrote:</div>
<blockquote type="cite" cite>And it came to pass on 3 Feb 01, , that
david friedman wrote:</blockquote>
<div><br></div>
<div>...<br>
</div>
<blockquote type="cite" cite>> Does the language say somewhere
that all those rights you have<br>
> licensed to them vanish if you decide to give up the account?<br>
<br>
I don't see anything to that effect. Their Internet Use Policy,
which<br>
contains the passage I quoted, is at:</blockquote>
<blockquote type="cite"
cite>http://foyt.msd.earthlink.net:81/about/po<span
></span>licies/accessagrmnt.html</blockquote>
<div><br></div>
<div>It does say:</div>
<div><br></div>
<div><font face="Times New Roman" size="-4" color="#000000">Sections
3, 4, 6, and 11 of this Agreement shall survive termination of this
Agreement.</font></div>
<div><br></div>
<div>And the passage you are concerned with is in section 8, so it
doesn't survive. I don't know whether that means that the license you
have granted them vanishes, or if their position would be that once
granted you can't revoke it.</div>
<div><br></div>
<div>I suggest corresponding with Earthlink to get a clearer idea of
just what they are claiming.</div>
<div>-- <br>
David Friedman<br>
Professor of Law<br>
Santa Clara University<br>
ddfr at best.com<br>
http://www.daviddfriedman.com/</div>
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