wrote:

Brian Lafferty wrote:
wrote:
samsloan wrote:
Who's copyright are you claiming that I have infringed?

Name some names.

Then explain why nobody has objected.

Sam Sloan

In 1978, Elo owned the copyright to his book. Unless he voluntarily
transferred it, the copyright now belongs to his heirs. If he did
transfer it, it belongs to whoever he sold/gave it to. Explain how and
when you acquired the right to publish it. You can prove you're not a
criminal by answering a simple question. If you refuse to answer it --
well, isn't that an admission?
He doesn't have to prove that he's not a criminal. That's not his
burden of proof in a criminal proceeding. In a criminal proceeding he
does not have to testify. If he does testify, he may have to answer the
question unless he asserts a right or privilege not to. An improper
refusal to answer a question is not an admission against interest--it is
a failure to answer that may be sanctioned via contempt and from which
inferences can be drawn by the finder of fact.

An admission against interest, on the other hand, is an admissible
hearsay statement that allows a witness to testify about a statement of
another that is in some way damaging to the maker of the statement.


Legally that's true. In the real world, nonsense.

Law is very much real world.


If you refuse to
answer such a question, people (not courts) will assume that you are
guilty.
I think Grotius was nearer the core of the issue when he stated, "For
without some visible act, silence is not of itself sufficient to warrant
a probable conjecture of intention." Civil law is not as willing to
find that silence is consent as the tradition in common law jurisdictions.

But there's another issue. Can silence in response to a question from
an asshole ever be considered consent? IMO, no.


Of course, if Sloan doesn't care about his reputation (and
pretty clearly he does not), he is under no obligation to clear it.

I suspect that the issue is not whether or not Sloan cares about his
reputation (I think he does, regardless of what one may think of that)
but whether or but whether or not Sloan or anyone feels compelled to
answer any question from those who are perceived as not worthy of a
response.