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> On the other hand, any departure from a pure interpretation of the law is very dangerous You should read the law in question. This would be Section 107 of th
by matthewdgreen 6y ago
> On the other hand, any departure from a pure interpretation of the law is very dangerous
You should read the law in question. This would be Section 107 of the Copyright Act, which defines "fair use". It's extremely vague and is best interpreted as a set of considerations that the courts should take into account so that they can handle situations like this one on a case by case basis. If Congress wanted to be more prescriptive, they could (ETA: and if they become unhappy with the courts' decisions they still can in the future), but I think that would lead to worse outcomes.
- guscost 6y agoMakes sense, and I am definitely not an expert on fair use. I'll cross out "clearly" in my aside above. I was really just responding to the implication that SCOTUS did the right thing because "it would be a nightmare scenario" otherwise.