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Re: [Scouter_T] Re: Sharing Files(Illegally)

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  • Kevin Pate
    Ladies and Gentlemen, Scouters all. While I won t claim to be the definitive word on the matter, I do think all of the the following information is true. BSA
    Message 1 of 6 , Sep 2, 2006
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      Ladies and Gentlemen, Scouters all.

      While I won't claim to be the definitive word on the
      matter, I do think all of the the following
      information is true.

      BSA holds valid, registered copyright protection on
      some 99% PLUS of its materials, including but not
      limited to written materials such as training syllibi,
      handbooks, guidebooks, m badge books, certificates,
      badge cards, etc., etc., etc. as it's a long, long
      list. (It may actually be 100%, but that's more study

      than I've ever given the matter.)

      Copyright law provides, in part:

      a time frame for the valifity of protection
      on a copyrighted work.

      to the holder of the copyright, which may or
      may not be the author, authority to pursue
      remedies due to actions which infringe the
      copyright protection afforded to a work.

      a reasonably outlined means to secure permission,
      from the holder of the copyright protection, to
      make and/or distribute copies.

      a reasonably understood multi-prong test on
      what constitutes fair use of a copyrighted work
      even in the absence of the express permission of
      the holder of the copyright.

      Copying 100% of a work can potentially give rise to a
      valid claim of copyright infringement against someone
      by the holder of the copyright protection. Such a
      claim may lead to treble damages on a registered work,
      plus considerable other expenses. For unregistered
      works, provable actual damages plus expenses, which
      again, could be considerable, would be the available
      remedy to the holder of the copyright.

      BSA has never, to my knowledge, sought an action
      against a volunteer for copying and distributing
      training materials that are under copyright

      Only BSA has the authority to press an action to
      protect BSA's rights as a copyright holder.

      That being noted, I'll close simply by adding this
      opinion: Both the "It's OK" and the "It's Not OK"
      camps appear to be correct, at this time.

      (a) Much of what appears to occur regarding
      training syllabi falls squarely into a
      category of conduct which could reasonably
      be expected to result in a recovery for
      BSA if BSA elected to pursue a copyright
      infringment action.

      (b) BSA, though entitled to take action if
      and when it should choose to do so, shows
      little to no signs of any interest to take
      such action in situations where no one is
      seeking any form of personal gain, even
      though wide spread copying and distribution
      limits sales and can lead to increased
      production costs.

      Kevin in Norman, America

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