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Hi

an interesting discussion...

As list administrator, maybe I should add one or two observations:

When Emma and I established the list in December 1994 it was primarily out
of a sense of some isolation, and a motivation to contact and exchange with
like-minded people in the Internet community. However, over time we also
became aware of a secondary motivation, realising that Internet communities
offered an ideal social space within which to seek a greater democratisation
and accountability for academic and activist debates.

This motivation has in many ways guided the development and managment of the
list (in an imperfect way of course!). So, it has been important to me that
the list should be unmoderated, that it should be open to public
subscription, and that the contributions should be in the public domain.

We were certainly very aware of the potential for 'lurking' from the outset
(and discussed it with some activist groups) and I would not discourage
that, particularly because many disability groups have found it very useful
to lurk on this list and to learn more about the way that academics talk to
one another (which otherwise often happens in closed academic spaces). It
has certainly been an education for me and no doubt for many others :-)

Every message sent to the list is archived in the public domain on the list
web site and is open to browsing by anyone with Internet access (whether or
not they are members of this list). All contributions are therefore texts in
the public domain. They are in that sense published texts (in which
individual copyright exists under UK law). As the material is in the public
domain, there is actually no need for anyone to 'lurk' (the word is somewhat
pejorative I think) since it is possible to read everything either currently
or retrospectively without being on the list membership at all.

Quoting or plagiarising such texts without attribution is clearly a breach
of trust and copyright but our general understanding is that attributed
quotation of short passages for the purposes of scholarship or critique is
entirely consistent with the legal use of such texts. There are of course
standard protocols for the referencing of e-mail contributions in the
APA/Harvard systems etc.

My personal view (and I think that generally accepted) is that each
contribution exists as a separate text in this respect and that there is no
editorial copyright existing in the body of work representing the list as a
whole. I certainly wouldn't claim any, since the messages are unmoderated.

So, I guess it is worth noting that contributors should regard their
contributions as published texts. The sender can reasonably be held
accountable for the content (libel/slander etc.) and any subsequent user is
accountable for the use of that text. So, if anyone feels the need for more
private discussions then perhaps it would be best not to hit the send button
or to start a closed list of their own. For my part, I have (mostly) enjoyed
the openness and accountability resulting from our discussions and hope that
they continue.

PS. An explanation of how UK copyright law applies to our list is available
at:
http://www.jiscmail.ac.uk/docs/email_copyright.htm

Hope that helps.

Best wishes

Mark.

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