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Apparently I missed it the first time, but I've been back through your posts - are you referring to the post where you said "To answer the point about the message boards, a poster (who holds copyright on his message) REQUESTS (a positive action) that their post be distributed by posting it in a public place. So far as I know, Tolkien never posted the text of LOTR or other works to USENET"?
Publishing your book is pretty "public" as well. Posting something to usenet doesn't mean you give up any rights to it - just that it is implied your post can be copied in the way one might expect within usenet. That seems to go against your earlier statement of "I have been defending the proposition that you shouldn't assume consent from an IP holder until you actually see it".
You also haven't answered the question about stock areas.
Right - but obviously that involves "assum[ing] consent from an IP holder".
In the eyes of the law, it is you - not your client - that requests the document. Only humans can make copies, as far as the law is concerned. Furthermore, it is incorrect to say that just because you can download it, you are permitted to do so. Is it reasonable to assume that? In my opinion, yes - but once again that goes against your original statement that "...you shouldn't assume consent from an IP holder until you actually see it".
No, not necessarily. It might have been uploaded by accident. It might have supposed to have been password protected. It might even have been placed there against the wishes/knowledge of the copyright holder. Once again you are assuming consent.
Oh, I do agree - as I've said before. It's you who said that people "...shouldn't assume consent from an IP holder...", not me.
They are both at the "second part", unless you are calling both Traithe and The_logos liars.
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