From: Brian Holtz []
Sent: Friday, June 20, 2003 10:21 PM
To: Gary Amirault
Subject: RE: email privacy
Hi Gary. You write:
> I just stumbled into a nest of private emails which apparently you
> feel you have a right to make public. [..]
> I don't recall giving you permission to do that.

The emails I post there were all sent by me; I do not post the emails you sent me. Your emails were almost entirely polemical and evangelical in nature, and I quoted some of your polemical and evangelical remarks for the nonprofit educational purpose of criticism and rebuttal. My excerpting of your remarks had no effect on the potential market for or value of your original emails. Thus the quotes I used clearly fall under the fair use provision of U.S. Code Title 17 Sec. 107, as explained in this copyright FAQ:

it's probably safe to say that it's a fair use if the use was not commercial in nature, the posting was not an artistic or dramatic work (e.g.,, it was the writer's opinion, or a declaration of facts, and not something like a poem or short story), only as much of the posting was copied as was necessary (e.g., a short quotation for purposes of criticism and comment), and there was little or no impact on any market for the posting. A similar argument can be made for quoting of private email messages.

> Please keep previous email text attached when responding.

Sorry, but out of respect for the time and bandwidth of my correspondents and readers, I include in my writings only enough fair use of the text I'm answering to make my responses intelligible.

> Being truthful, when you know it will cost you, is the true test
> of honesty. David Weinbaum
> Open rebuke is better than love that is hidden. Proverbs 27:5
> Prepare yourself for the Truth.

How ironic that you send me these quotes, when you obviously aren't "prepared" for the "truth" of how our conversation transpired to be public as an "open rebute" to you.

If you don't want your criticisms of me and my writings to be publicly quoted and rebutted, then don't send them to me.