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> should have modified it further to have the correct link, they are the ones that failed to comply with the copyright license terms for the version they run.
by marcan_42 5y ago
> should have modified it further to have the correct link, they are the ones that failed to comply with the copyright license terms for the version they run.
But by not modifying it in the first place, they avoid entering into any legal obligations to do so. See the problem?
> But the teacher copied a page of the book, gave it to his students for class, and then one of the students sold that page without permission from the copyright holder! Aha, the teacher has violated copyright". Which no court would ever hold to be true, even if a very literal reading of the law may be more murky.
Nope, the student is the one who violated copyright here, as copyright also controls the right to distribution, not just making copies. By making the sale, a copyright violation occurred. The teacher is likely safe under fair use, as you say.
If the teacher were to sell his original copy of the book, that would be legal under the first-sale doctrine: the copyright holder's interest in distribution rights for a particular copy is exhausted after the book was initially sold. But the interest in the right to make copies persists, and since the copy made for class was not sold by the original copyright holder, but rather only made and distributed under fair use, it is not bound by the first sale doctrine, and distribution rights are still controlled by the copyright owner (they re-appear when the copy is made). And hence, the student is in violation, as such a sale would not fall under fair use.
People love to throw around this idea that the law is all subjective and judges work off of common sense, but that's really not how it works. The law is incredibly detailed on these things and lawmakers aren't stupid. This is all written in the books. Yes, there is some leeway for good faith interpretations, but the legal system doesn't run on whatever the judge feels is right on any given day. This is all spelled out.