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From: David Gehrig 
Organization: International Zemblan Conspiracy, Inc.
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Subject: Irving and the Transcripts
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Date: Fri, 03 Mar 2000 16:30:04 GMT
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>From Day 26:

--------

MR IRVING: The other point which I wish to take up with your
Lordship, very briefly, is that I am not getting the digital
transcript.

MR JUSTICE GRAY: Right.

MR IRVING: I am only getting a paper transcript. A dispute has
arisen with the court reporters over the provision to me of the
digital transcript. I have not it since February 3rd. It is a
serious disadvantage to me. I have offered them money. I have
offered them other inducements. This is a matter which I would
like your Lordship to give a friendly word to the court reporting
service that ----

MR JUSTICE GRAY: You will have to tell me a little bit more about
the reasons they give for not giving the digital transcript.

MR IRVING: Indeed.

MR JUSTICE GRAY: I mean, I have a feeling that I know what the
problem is but you ----

MR IRVING: I can do that now, my Lord. Quite simply, we started
posting the digital transcript on the internet as a public
service, totally non-profit making at all, I derive only loss
from that. The court reporters quite rightly said there is a
property question at issue here.

MR JUSTICE GRAY: Well, a copyright question, yes.

MR IRVING: It is between one instructing firm of solicitors and
the court reporters. It is in a kind of limbo between them. I
have made a cash offer to them over a week ago now on a per day
basis. They have not come back to me, and I am being
disadvantaged.

MR JUSTICE GRAY: Yes.

MR IRVING: Because clearly ----

MR JUSTICE GRAY: I think I understand the problem, although I
suspect one may have to go into it a bit more deeply, but I am
anxious if you are not getting the digital transcript because,
although it is not all that easy to follow, I found it perfectly
possible to make use of. Mr Rampton, do you know anything about
this or do you not want to get involved?

MR RAMPTON: No. Strictly speaking, it is none of our business.

MR JUSTICE GRAY: Except you are paying for it so, presumably, you
have some sort of right over it.

MR RAMPTON: I know we are paying for Mr Irving to have a
transcript for the purposes of the case, the conduct of his claim
against us. I guess what has happened is that he has been using
the transcripts, in all innocence, no doubt -- I say that without
knowing anything -- for some other purpose.

MR JUSTICE GRAY: Well, just putting them on his website.

MR RAMPTON: That is an infringement of the transcribers'
copyright.

MR JUSTICE GRAY: Well, I would have thought it might be.

MR RAMPTON: And to do that, you would need to pay for a licence
to do it, I guess what has happened.

MR JUSTICE GRAY: Mr Irving, so we do not take too long over this,
my view would be that it is highly desirable that you should
continue to have the digital transcript and I do not understand
Mr Rampton to oppose that, but the price may be, if that is the
right term, that you should not put it on your website because I
think, technically, that is an infringement of their copyright.

MR IRVING: Until we reach an agreement.

MR JUSTICE GRAY: I mean, if you can reach an agreement, well and
good, and I can see in some ways it might be desirable that it
should go on the website if you want publicity for ----

MR IRVING: Well, it has attracted great attention and I am now
being bombarded with E mails from around the world. Some people
are accusing me of keeping it off the internet because it is
unfavourable to me and all sorts of dubious motives.

MR JUSTICE GRAY: Well, if you were to offer to -- I cannot
remember the name of the firm but if you were to offer ----

MR IRVING: Harry Counsel.

MR JUSTICE GRAY: Yes, Harry Counsel, that you will undertake not
to put it on your website, unless and until some agreement is
reached, but would they please in the meantime let you have the
digital transcript, I would hope that they would say yes to that.

MR IRVING: I am happy to give that undertaking here.

MR JUSTICE GRAY: If there is a problem, let me know, but I have
expressed my wish and that may not count for much but...

MR IRVING: But it means that for three weeks I have had no
digital transcript which has ----

MR JUSTICE GRAY: Well, you should have mentioned it perhaps
before now but you have mentioned it now and ----

MR IRVING: Well, I have negotiated, or attempted to negotiate,
and met with no response.

--------

So, apparently, it was an issue of copyright infringement 
after all. And, even better: the defense is paying for
Irving's paper transcripts.

@%<

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