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September 2002, Week 2

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Subject:
From:
LLTI-Editor <[log in to unmask]>
Reply To:
Language Learning and Technology International Information Forum <[log in to unmask]>
Date:
Wed, 11 Sep 2002 16:26:58 EDT
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--- Forwarded Message from Derek Roff <[log in to unmask]> ---

>Date: Tue, 10 Sep 2002 15:41:11 -0600
>From: Derek Roff <[log in to unmask]>
>To: LLTI-Editor <[log in to unmask]>
>Subject: Re: #6818 Where would copyright jail be?
>In-Reply-To: <[log in to unmask]>
>References:  <[log in to unmask]>

Since this is hypothetical, specific advice is not warranted.
Instead, I will relate that on at least three occasions, I have been
able to reverse a publisher's refusal of permission to make copies.
No, that is not quite true.  I haven't gotten anyone to reverse a
decision.  Rather, I have persisted in calling until I got a new
person at the company, and explained my situation with no reference
to the previous refusal.  I keep trying until someone says yes, in
writing.  Then I stop.

This hasn't always worked, but it has worked often enough to be worth
hypothetical consideration.

Derek

--On Tuesday, September 10, 2002 4:37 PM -0400 LLTI-Editor
<[log in to unmask]> wrote:

> --- Forwarded Message from Ursula Williams <[log in to unmask]> ---
>
> Colleagues, I present a hypothetical situation and ask your advice:
>
> (Note consistent use of subjunctive to confirm the hypothetical
> nature of this inquiry.)
>
> Suppose that in anticipation of getting permission (as has always
> been the case with a particular publisher) a lab made copies for
> students of ancillary material (delivered by the prof, as usual, the
> day before class) and sent the request for permission the same day.
> Suppose, then, that ten days later, permission was denied.
>
> Would that lab have to cease and desist, explaining that no further
> copies would be made? (I should think so.)
>
> It would be, of course, impossible to recall the copies that had
> already been made.
>
> Would "anticipation of the usual positive response" be an adequate
> defense?

Derek Roff
Language Learning Center, Ortega Hall Rm 129, University of New Mexico
Albuquerque, NM 87131  505/277-7368 fax 505/277-3885
Internet: [log in to unmask]

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