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Sure, in terms of removing Fair Use entirely, but nothing about Fair Use is absolute, and it can absolutely be substantially changed and reinterpreted. Especial
by ang_cire 3y ago
Sure, in terms of removing Fair Use entirely, but nothing about Fair Use is absolute, and it can absolutely be substantially changed and reinterpreted. Especially since this is about companies using Fair Use for financial gain, in ways that could absolutely harm the original creators, which runs completely counter to Fair Use's 1A intent.
- dragonwriter 3y ago> Sure, in terms of removing Fair Use entirely, but nothing about Fair Use is absolute, and it can absolutely be substantially changed and reinterpreted Yes, the courts could change how they interpret the first amendment restriction on the copyright power, but absent that, the interpretation binds the power and Congress cannot expand the scope by weakening the statutory articulation of the pre-existing court intepretation of the boundary of that limit. (Now, trying to do so would be a way to push the courts to reconsider the boundary, but that's about it.)
- ang_cire 3y agoYou're putting much more emphasis on the 1A link to Fair Use than it actually has. 1A is not the entirety of the basis for Fair Use, it is much more expansive than the 1A justification alone, which relates primarily to transformation for critical purposes, because that would constitute the government creating a law that limits critical speech. Most* everything else is non-1A, and can be much more easily changed by legislative means.