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In lugnet.admin.general, Matthew Miller writes:
> James Brown <galliard@shades-of-night.com> wrote:
> > That's the same logic as "Anything in a store is for sale, that's what a
> > store is FOR."
>
> That's a false analogy.
Nope, it's not. It's a very close analogy to what Jasper posted:
"Yes, it is. Anything on an unsecured webserver is being published."
Which you refute much more logically below.
> Obviously, not everything on the web server itself is public. For example,
> www.lego.com runs on Microsoft IIS on top of NT 4 -- obviously the system
> software is not publicly viewable. But everything in the "documents to be made
> publicly available" area of the web server certainly is. Just like "everything
> in the sales bins in a store is assumed to be for sale". But that's still not
> very good, because viewing something isn't even close to the same thing as
> purchasing it.
>
> A better analogy might be:
>
> Anything in a newspaper is meant to be read. That's what a newspaper is for.
Yes, but we're disagreeing on what consitutes "documents made publicly
available". My thinking is much more in-line with Todd's here:
http://www.lugnet.com/admin/general/?n=3741
As a real-life example, there is a directory on <http:www.shades-of-night.com>
that gets pictures and documents posted to it to make them available to friends
of ours who can't (for whatever reason) receive them via e-mail. Are they
"published"? No.
As another example, what if I receive an e-mail from company X, because I'm a
loyal customer. It gives me a code that I can enter on their website that
takes me to a "special offers" area where I can get a deal on product A. The
information on the other side of that code could be linked directly by a URL,
but it certainly isn't meant to be publically available.
In both these cases it could be argued that it's the designer's fault for a
poorly designed website, and to a certain extent, I agree. But I would argue
that merely because something is on the public side of a fireway or encryption
key does not mean it is published.
Certainly it is the originators right to determine "intent to publish", not Joe
Public.
I could give other examples as well, and I'm not even remotely an expert.
James
http://www.shades-of-night.com/lego/
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