Giving away Oct 2009 printed Days End directory Options

[Odyssey]

I am giving away a printed copy of the October 2009 Days End directory to the first Escapees member who wants it. I have recently printed the June 2010 version and no longer need this one.

In order to print the document, I made some modifications to it to save paper. This printed version does not include any of the "Good Guys" listings, nor any listings in Canada. I reformatted the guide to have three columns on a page, and the type is in 8-point Times Roman font. It is about 150 pages long, printed double sided on white 8.5 x 11 paper.

The guide is spiral bound with a clear plastic cover. I have made a few notes in it in pen.

Rather than reimburse me for the postage costs, may I suggest that you make a donation to Escapee's CARE program instead? Postage will be around $2, but you might consider donating more than that to CARE because it is such a great service that we provide. If care doesn't float your boat, a donation to the Red Cross would be a nice alternative.

PM me if you are interested. Please include your Escapee's member number.

Thanks,
Louise

[Odyssey]

The guide has been taken. Thanks to all who expressed interest.

-Louise

[Guy Gipson]

Louise has informed me by email that she had not yet given away the paper copy of the Directory she made, and that she will not do so, per the terms and conditions of the Directory's use below; therefore there has been no violation of copyright:

"9. TERMS AND CONDITIONS of your use of any information in this Directory: The material in this Directory and any other on the DaysEndDirectory Yahoo Group is proprietary, and no one has my permission to copy and distribute it in any manner, unless provided in writing by me."

Legitimate purchasers of the Directory are permitted to print all or part of it for their own use, but not to provide it to anyone else.

Guy Gipson
guygipson@gmail.com
Owner, Day's End Directory*
SKP #84383

*Ownership rights to the Day's End Department content in Escapees Magazine are vested in Escapees, Inc.

This post has been edited by Guy Gipson: Aug 2 2010, 02:58 PM

[Odyssey]

Guy,

Please check your email for further discussion of this matter. For others reading this thread, I appreciate your patience while Guy and I discuss this off-line.

thanks,
Louise

[Odyssey]

I apologize to Mr. Gipson for offering to give away my used copy of the Days End directory. As he rightly pointed out, this is violation of the Terms and Conditions stated on the directory itself. Since I agreed to abide by the Terms and Conditions when I joined the Yahoo group, I was wrong to make this offer here.

Per his instructions, I will sadly throw this copy into the trash. Per my understanding of the Terms and Conditions, I am not even allowed to give my printed copy to another person who is a member in good standing of the Days End Yahoo group.

If this is not true, I would ask Mr. Gipson to correct me here. In that case, perhaps I could find another home for this fine document. Even with a publication date of October 2009, it is still very useful and full of life.

We have agreed to disagree about whether giving away my copy would be an infringement of copyright. I do not believe it would be, per the First Sale doctrine limitation on exclusive rights. This exclusion is outlined in Chapter 1, Section 109 of US Copyright Law.

If you are interested in copyright issues, I point you to these articles about First Sale Doctrine:
Wikipedia article
College of DuPage article
Excerpt from Patent Copyright & Trademark (excerpting being one of the Fair Use allowances, another interesting copyright topic.)

-Louise

[Guy Gipson]

Copyright law is complex, and I am not a lawyer. I do, however, have such rights as owner and publisher of the Day's End Directory, and I do know I can lose such rights if I do not vigorously defend against what I perceive to be infringement. I do this to secure the Directory for those with a rightful interest in it - the many folks who contribute reports, as well as those who purchase.

I am happy that Louise and I have amicably settled any actual issues on this.

To Louise's further question of whether it would violate the Terms and Conditions for her October 2009 paper copy to go to "a member in good standing of the Days End Yahoo group", the answer is that it would, except, as it says in the Terms and Conditions, "unless provided in writing by me". The Yahoo Group is not really the determining factor on whether I might grant that; that criterion would be whether such a person purchased the Directory (or download access to it) from me in October 2009 or later. Most, but not all, of those are on the Yahoo Group.

If Louise finds such a person, she is welcome to run it past me in private email.

Safe travels to all,

Guy