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Author Topic: Found on T.I.A. Website, Collection of Archbishop's sermons not welcome to laity  (Read 7836 times)

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Fr. Schoonbroodt died in 2012, R.I.P.

Offline Meg

Unfortunately, Fair Use as a defense to copywrite infringement in the US is a bit more complicated than that:

Not only do Fair Use laws and precedent vary from state to state, but depending on the locale of the plaintiff and defendant, the case would likely end up in federal court (ie., in cases where both parties are from different states, or countries, venue is usually the federal courts).

Moreover, there are a whole string of factors judges assess in determining whether the use of copywrited material is “fair” (eg., is it transformational; what percent of the material has been reproduced; it the use commercial or educational; etc).

Here is a good article which discusses:
https://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/

Normally, the judge plays a balancing game: If more factors are in favor of the plaintiff, an infringement action has a good chance of prevailing, and vice-versa.  But even in such cases, the outcome will not be certain.

If an infringement suit is brought, a defendant will need to show more criteria in his favor than the plaintiff can.

As regards the use of unauthorized copywrited material, one would be well advised to perform an assessment of Fair Use criteria in advance (better still, gain the permission of the copywrite holder, or failing that, seek the legal advice of a copywrite attorney).

An entirely separate defense against infringement actions in some cases are SLAPP laws (SLAPP is an acronym for “Strategic Lawsuits Against Public Participation”).

SLAPP laws are designed to combat plaintiffs from stifling public conversation by threatening or instituting lawsuits asameans of intimidating opponents into silence, in matters of public interest.

Which is all to say that if anyone was considering publicly publishing materials for which the SSPX has already demonstrated a resolve to litigate (not only in this matter, but also against Avrille a few years ago), they had better get a lawyer.

It would be a very stupid (and expensive) move.

NB: I am not an attorney, and this is not legal advice.

Probably good advice, though it would be good to read the sermons. But there is still ample evidence which Bp. Fellay has not been able to suppress, regarding the stance of Archbishop Lefebvre.


Offline X

Probably good advice, though it would be good to read the sermons. But there is still ample evidence which Bp. Fellay has not been able to suppress, regarding the stance of Archbishop Lefebvre.

It won’t stay suppressed for ever.  It is in the custody of many Resistance hands.  I suspect it is one deathbed maneuver from hitting the internet, and then there will be nobody to sue.

Sometimes little bits escape.

For example, any time you have seen something titled “COSPEC,” it has come from this collection (COSPEC is how the Spiritual Conferences - Ecône are archived within the collection).

The collection is much, much more than just Archbishop Lefebvre’s sermons!

Two points -

1) Meg, Dr. Plinio and TFP were never against the SSPX. As you know, it was Archbishop Mayer who broke with TFP over his Rifan/Fedeli-induced perception that it was a "heretical sect". As an anecdotal aside, I know at least one TFP member who attends SSPX mass and tries to reconcile TFP and SSPX on a local level. But to say Dr. Plinio or TFP enacted the separation is not correct.

2) Once again, I don't see why someone can't just upload the sermons on some Website where they can't be taken down. There are sites hosted in foreign countries with low-level copyright laws. Granted I can't think of any off the top of my head, but I know plenty of them exist. To post these sermons would be an act of justice, to Lefebvre, and also the Church.



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X: It won’t stay suppressed for ever.
 Do you mean ‘they,’ as in sermons?

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X: It is in the custody of many Resistance hands.  I suspect it is one deathbed maneuver from hitting the internet, and then there will be nobody to sue.

So, it (they) are in your hands, perhaps? You, mystery X, have a copy of them? “(m)any Resistance hands”have access to them, you say. I can’t help but speculate, X, that you may know were all the bodies are buried. Does H.E. have these sermons in his possession?


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X: Sometimes little bits escape.

Indeed? Give us a hint. Where can we find some “little bits” online? None of these “little bits,” thus far, have escaped to me, unless I have read them elsewhere, and was ignorant of their source.


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X: For example, any time you have seen something titled “COSPEC,” it has come from this collection (COSPEC is how the Spiritual Conferences - Ecône are archived within the collection).

Personally, I don’t recall seeing anything titled “COSPEC.” How would any of the unwashed gain access to this collection? Is COSPEC an acronym familiar only to sspx higher ups? What does it mean?

 
COSPEC, you say, is much, much more than just Archbishop Lefebvre’s sermons! Hmmm! I guess we can only hope that one of the Resistance members, in possession of the sermons, and “much, much more,” is near death, and may soon release them publicly. You can’t sue a dead man, you’re right.