Comment by najirama | Hacker News Reader

Comment by najirama | Hacker News Reader

Someone please explain to me why bearwithclaws even has to ASK permission to reprint the comments. This is a forum of discussion - if I am sitting in a city council meeting and someone whimsically writes on the provided chalkboard "I want to speak next!" can they then sue me if I publish a book with the title, "I want to speak next!"?

Sure, creative work recorded to some medium is protected by copyright - however, transcribed discussion is not by the standard measure, "creative," (i.e. derived for some rational and/or aesthetic purpose, such that it has the ability to be appreciated and admired on its own merits, for its own sake.)

I say publish the comments consequences be damned. If any commenter has issue with their words being published hardcopy, they will have a hell of a time trying to justify why they wrote them in a public forum in the first place.

In any case, given the indignation that is ever-present here when a software I.P. story gets posted, at least you will have outed the hypocrites among us... ;)

Writing something on a forum accessible to the public doesn't give away your copyright.

First, "I want to speak next!" isn't copyrightable. Copyright is there to protect things of value. "I want to speak next!" isn't anything of value. You realize this yourself, so I wonder why you asked the question in the first place.

However, you make the mistake of assuming "where" you publish your work is any indication of value. Indeed, the really good comments are usually well written, and do add value. You'd also be hard pressed to demonstrate that comments are merely transcribed discussion. Comments are just the label we've assigned to the posts we make here.

So each comment must be weighed on it's own merits. A comment can be valued, can be "creative". Indeed, one could argue that the desire to include quality comments in a publication could be indicative of it's quality.

Now, I see your point. Essentially, commenting is the 21st century version of a discussion. Reporters are allowed to report what people said. What people said can be reported. A discussion or commenting forum should be considered in the same way. I don't think copyright works like that.

Is there anything out there where this has been tested?

Good post, btw. Got me thinking. =)

Someone please explain to me why bearwithclaws even has to ASK permission to reprint the comments.

If the copyright issues discussed throughout this thread don't make it clear enough, think through it logically.

Does it seem ok for someone to republish your original writing for money without asking your permission first?

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