tag:blogger.com,1999:blog-3152270.post8026955745530645935..comments2024-03-26T12:23:35.307-05:00Comments on The Buck Stops Here: Forwarding EmailStuart Buckhttp://www.blogger.com/profile/05731724396708879386noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-3152270.post-69003459377169023202007-05-18T14:30:00.000-05:002007-05-18T14:30:00.000-05:00I would respectfully disagree with Ned Snow's stat...I would respectfully disagree with Ned Snow's statement that "fair use" under the US Copyright Act "likely applies to email forwarding." <BR/><BR/>In some cases, yes -- but not in all cases. "Fair use" is highly fact-specific and contextual, it is a balancing of four factors. The balancing is complex, and you could fill a roomful of volumes with everything written by US judges on "fair use" just since the commercial opening of the Internet. <BR/><BR/>The current theory most lawyers believe to apply is the theory of "implied license." This theory argues that anyone using email software implicitly agrees that their work might be forwarded in full, and it's up to them to "opt out" of that by having an understanding beforehard or directly telling recipients in the email that the email is not to be auto-quoted or forwarded.<BR/><BR/>Carol Shepherd, Attorney<BR/>Arborlaw PLCUnknownhttps://www.blogger.com/profile/10234792911170226391noreply@blogger.com