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Archiver > Listowners > 1997-07 > 0869363974


From: Brian Leverich <>
Subject: Re: Matt Roller's World Genealogy Archive
Date: Sat, 19 Jul 1997 18:59:34 -0700


-- Your message was: (from "John C Rigdon")

> The USGenWeb Project does not have legal standing to bring any action
> against these kinds of infractions, nor do we have ownership of the files
> which have been donated to us. We are like a traditional library in this
> regard. The author has donated a copy of their work to our "library" and
> we are the custodian.

------------------

FWIW, RootsWeb *does* have legal standing to pursue the matter.

While we obviously don't own the files, from a legal standpoint (so
sayeth our counsel) the serving of the files on the Web is a
business product of the RootsWeb Genealogical Data Cooperative, and
hence Matt may be engaging in "business misappropriation" and
RootsWeb may be entitled to civil remedies.

Moreover, RootsWeb clearly owns the servers from which the files
were downloaded. RootsWeb may be entitled to civil remedies and
Matt may be subject to criminal penalties for use of the machinery
against our expressed wishes.

If it appears that there is a consensus for action on the part of
the USGenWeb Archives, the submitters to the Archives, and other
Webmasters at RootsWeb, and if all other approaches to resolving the
problem fail, then RootsWeb will pursue the matter to the furtherest
extent that we can.

We will do so because we believe that satisfying the wishes of the
volunteers who upload free data is *essential* to the continued
growth of free data on the Internet. -B

--
Dr. Brian Leverich Co-moderator, soc.genealogy.methods/GENMTD-L
RootsWeb Genealogical Data Cooperative http://www.rootsweb.com/
P.O. Box 6798, Frazier Park, CA 93222-6798

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