Michael Froomkin - U.Miami School of Law writes:
If you post to a list with a publicly announced public archive -- and even
more so if you are informed about the archive at the time you join the
list (hint: you usually are) -- then I think it's pretty clear under US
law (and, I'd imagine but don't actually know, also the law of most
civilized countries) that you are impliedly granting a license to archive
by posting to the list. Hence the archive is not a copyright violation.
The key phrase here is "you are informed." You have to be informed
and agree to it. Forcing someone to click on a button that
acknowledges reading about the archive is a way to do this (commonly
used for software and various Web sites). Just assuming that someone
has read fine print somewhere on some Web page associated with the
list is not sufficient, however.
Interesting academic questions might, or might not, arise if in a given
post one attempted to assert that the implied license is being revoked for
that post (including the issue of whether given the automation
involved such an assertion could be legally effective), but they have low
operational relevance to date.
Well, that would depend on the agreement, wouldn't it? Which is all
the more reason to compel a participant to read about archiving
permission and agree to it explicitly in some way.
There are more egregious infringements on the Net, such as Turn It In.
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