Re: [Exim] Administrivia: Take down requests

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Author: Greg A. Woods
Date:  
To: Andromeda
CC: Exim
Subject: Re: [Exim] Administrivia: Take down requests
[ On Tuesday, April 23, 2002 at 22:08:09 (+0100), Andromeda wrote: ]
> Subject: Re: [Exim] Administrivia: Take down requests
>
> At 17:51 23/04/2002 +0100, you wrote:
> >I have been served a take down notice for the exim-users archives due to
> >some idiot deciding he wants his postings edited out of the archive.
> >
> >This is under the UK and EU Data Protection Act. I personally don't
> >think its legal, but to fight it I need to indemnify Energis against any
> >loss they may suffer.
>
> Having just spoken to a lawyer friend about this, you don't have a choice
> but to, Nigel. Sadly, I have to concur with Chris Bayliss, especially where
> the lack of test cases is concerned.


Does the fact that posting to a public mailing list implies publishing
in a public forum (in this case with an implicit copyright license for
free distribution and free re-distribution, if not indeed forcing the
posting directly and immediately into the Public Domain)?

After all a mailing list archive is really just like a newspaper archive
at the library. Can this apparently misguided bit of law force
libraries to remove stories by a given reportr should such an archive be
digitised and the reporter request their removal?

> And the fact that the proceedings that
> follow are CRIMINAL, not CIVIL, makes it so much more an issue.


Yikes!

--
                                Greg A. Woods


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