Subject: Re: Feinman on Belin's Death Date: Wed, 15 Dec 1999 03:01:44 GMT From: rfeinman@my-deja.com Organization: Deja.com - Before you buy. Newsgroups: alt.conspiracy.jfk In article <835sjl$ak9$1@nnrp1.deja.com>, Todd W. Vaughan wrote: > In article <835ej4$vrl$1@nnrp1.deja.com>, > rfeinman@my-deja.com wrote: > > (Regarding article <38555811.D8FB7207@earthlink.net>, by > > dlifton@earthlink.net) > > > > David Lifton just violated the copyrights of two individuals by > posting > > the full texts of their private e-mails, unrelated to any current > > discussion in this newsgroup, without permission to do so. He also > > violated the privacy of those e-mails. But what does this matter to a > > guy who boasts about stealing a copy of the Zapruder film from Life > > Magazine and then tries to lay off similar conduct on a rival? > > > > Anyone who speaks with David Lifton by telephone should be aware that > > he tape records his conversations. Anyone who responds to a private > e- > > mail in which David Lifton is a copyee, or who corresponds directly > > with David Lifton by private e-mail should take heed that he has no > > compunction or restraint in publishing those e-mails to the world. As > > with his public communications regarding the assassination of > President > > Kennedy, the man should not be trusted. > > RF > > Is it not true that in your "Between The Signal and the Noise", you > publish David Lifton's private correspondence with Sylvia Meagher? > > Todd Todd, I'm very glad that you asked this question. I was hoping that someone would, and I am pleased to provide you with an answer. The following is a direct, verbatim quotation from Section 107 of the Copyright Act, which is available in online form on various sites, including the Cornell University School of Law's Legal Information Institute: "Sec. 107. Limitations on exclusive rights: Fair use Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include - (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors." This statute, which is well-known to all lawyers who do any kind of work in the publishing, broadcasting or entertainment industries (or in the insurance companies that indemnify them against liability for errors & omissions), reveals the key to undermining David Lifton's bluster, and shows why his talk about threatening to sue over "Between the Signal and the Noise" is so much hot air. BTS&TN is unquestionably a work of literary criticism and research focusing upon a book and the claims of its author, both within and without that book, about how he allegedly wrote it and how he came up with his grand theory of the medical evidence in the Kennedy assassination. David Lifton, having injected himself into the public controversy over JFK's death with his book, his videos, his TV and Radio appearances, and his college appearances, is unquestionably a public figure in connection with this subject, as he himself has acknowledged. I do quote from David Lifton's correspondence with Sylvia Meagher. Her files also included essays and monographs written by Lifton for circulation among various critics during the 1960s. I also quote from news articles about David Lifton, and, where necessary for clarity's sake, from "Best Evidence" itself. To focus on your question, let's stick to the issue of his correspondence with Sylvia Meagher and the essays that he also sent to her. What was the purpose and need for using this material? As I develop in BTS&TN, Lifton's autobiographical account as contained in "Best Evidence" varies starkly from the contemporary statements that he made about himself and his work in these materials. They demonstrate the course of his thinking and research, and the various conspiracy theories that he was advancing. Although Lifton has published only rarely over the past 34 years since he first became involved in the subject, he has erected something of a public legend for himself, whereas these materials that were unavailable to the general public in any form (until BTS&TN) paint a different portrait. It is a portrait that was orally transmitted by numerous first generation critics, but not put in any fixed form for ensuing generations to appreciate. In BTS&TN, I did not reproduce Lifton's correspondence or essays wholesale, viz., in toto. I quoted from him directly only where I believed it was necessary and essential to validate and support the point that I was making. Where I did not use direct quotations, I summarized, and I believe that the historical record will bear out that I did so accurately and fairly, also with due regard for the reputations of third parties. Nothing that I have done in BTS&TN has impaired David Lifton's right to publish his previously unpublished letters and essays, and to make whatever he wants out of them. This is the kind of limited use of research material that writers, journalists, and academic scholars rely upon all the time in writing their books. Were it not for the "fair use" exception to copyright, our culture would be seriously impoverished. This is just one of the factors that distinguishes my carefully limited use of that material from the wholesale publication on the Internet of the entire content of someone's e-mail without any authorization. Another distinguishing factor is that my quotations of Lifton's historical record were for the purpose of literary criticism and enriching our knowledge of the "Best Evidence" phenomenon and David Lifton's role in the history of the assassination controversy. Lifton has posted his diatribe solely in an attempt to embarrass and disparage two individuals and feather his own nest, not for any purpose related to increasing public knowledge about this case or even defending himself or his work. He cannot defend it, which is why he resorts to base personal attacks. Separate and apart from the "fair use" section of the copyright law, David Lifton has very cavalierly violated the terms of service and operating rules of earthlink.net, which are available for inspection on its website. Now, Lifton and his apologists might say, well, he's embarrassed by what I wrote and revealed about him in BTS&TN. Tit for tat, is it not? All I can say is that it goes with the territory of his having staked out a claim as being a scholar and preeminent researcher in this subject, and if he cannot withstand that kind of scrutiny, it's too bad. Finally, a few words about Sylvia Meagher's files and the mechanics of how I obtained access to the material quoted in BTS&TN. During a period of several days following her death in January 1989, quite a few people who had corresponded with Sylvia Meagher over the years asked her estate executors (her sisters) and her literary executor (Greg Stone) for access to her papers before they were packed up and her apartment closed. Without getting into specifics, I can tell you based on personal knowledge and observation that some people were concerned about the exposure of expressly confidential communications and communications regarding works-in-progress. To a limited degree, she had made informal provision concerning some of these. To the best of my knowledge, David Lifton raised no question concerning his correspondence with Meagher, and her file on him was not marked as confidential or earmarked for sequestration. (She did specifically earmark some materials for destruction.) After these papers were moved to Hood College, and after Lifton posted his two essays attacking me on CompuServe, the custodian of her papers, Prof. Gerald McKnight, and one of his students, made a copy of Sylvia Meagher's file of correspondence and telephone notes concerning Lifton available to Harold Weisberg. He advised me that, in his opinion, I should have this material, and he forwarded it directly to me. I did not solicit this material in any way. Harry Livingstone also forwarded to me, again without solicitation, two file folders of his own concerning Lifton; I decided to make only the most minimal use of that material in writing BTS&TN. I can safely say, however, that BTS&TN is rather subdued as compared to what it might otherwise have been. -roger- Read: "The Closest Living Witness" http://members.aol.com/_ht_a/feinmanr/index.htm > > > > > A legend returns. > > > > Much-rumored, much requested, banned on CompuServe, extensively > > excerpted in Livingstone's "Killing The Truth" by special arrangement > > with Carroll & Graf, now available in its original form and in its > > entirety for the first time in six years, and for the first time ever > > on the Internet and World Wide Web. > > > > "Between The Signal and the Noise: The Best Evidence Hoax and David > > Lifton's War Against the Critics of the Warren Commission." > > > > An electronic book (equivalent of 200+ pages) first released in 1993, > > tracing the passage of David Lifton from the guy with the blow-up > > photographs to professional raconteur. The man who gave us: > > > > + The Little Men in the Woods a.k.a. the "Men in Trees" theory) > > + Musical Caskets > > + Body Alteration > > + "Kellerman" & "Greer" Were Imposters > > + The Zapruder Film as kind of a George Lucas production > > + The Autopsy Photos were Faked Too > > + The Man with Two Brains (in association with Douglas Horne of the > > ARRB staff) > > > > BTS&TN relies upon David Lifton's own writings -- dating back to the > > earliest days of his involvement with the subject of JFK's > > assassination -- for its conclusion that "Best Evidence" was a > > literary deceit. Unedited, unrevised, unrepetant, not updated (ignore > > personal contact information), but exactly as it was when David Lifton > > complained to both CompuServe and Hood College in an effort to > suppress > > both his own history and the most damning critique of his work ever > > written. > > > > THE BOOK THAT PROBABLY PERSUADED GERALD POSNER HE COULD ACTUALLY WORK > > WITH A GUY LIKE DAVID LIFTON. > > > > Minimum System Requirements: Any WIndows or DOS computer (or a Mac > > running a DOS session), WinZip or PKUnzip to extract the authenticated > > archived textfile. > > Suggested Experience: "Chant: The Benedictine Monks of Santo Domingo > de > > Silos" (Angel Records) > > > > http://www.boston.quik.com/amarsh/etcetera.htm > > > > To download directly from within this posting without leaving your > > > > newsgroup session: > > > > http://www.boston.quik.com/amarsh/Bts&tn.zip > > > > This is the only web site currently authorized to make BTS&TN > available > > to the public. > > > > Peter Dale Scott has suggested that the Internet may be the salvation > > of our democracy. That is far from certain, but it has become > > increasingly clear that the conglomeratization of private media of > mass > > communication is not conducive to the classic Jeffersonian concept of > > "the marketplace of ideas." My deepest thanks to W. Anthony Marsh for > > making this file available as CompuServe refused to do in its display > > of cowardice and suppression of an important viewpoint on a public > > figure in a matter of public interest. When CompuServe quashed it, > > Tony posted this file on his old RBBS bulletin board before the rise > of > > the Internet. Tony and I sometimes disagree on matters related to the > > JFK case, but over many years, he has consistently demonstrated his > > expertise, his leadership in the online community, and his commitment > > to keeping open the avenues for discussion of this subject. Bravo. > > > > -roger- > > > > Read: "The Closest Living Witness" > > http://members.aol.com/_ht_a/feinmanr/index.htm > > > > Sent via Deja.com http://www.deja.com/ > > Before you buy. > > > > -- > Todd W. Vaughan > > Sent via Deja.com http://www.deja.com/ > Before you buy. > Sent via Deja.com http://www.deja.com/ Before you buy.