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> This is why they entirely disregard key aspects and intents of the law, leaving fair use and fair process as a joke. This isn't a key aspect of the law and y
by Mindwipe 3y ago
> This is why they entirely disregard key aspects and intents of the law, leaving fair use and fair process as a joke.
This isn't a key aspect of the law and you misunderstand it.
Fair use is a defence, not a right. Nobody is obligated to facilitate it for you and never has been.
- arghwhat 3y agoA "defense" is a right that a litigator attempted to violate. That is what all legal defenses are: proof that you are in your right. Legal defenses are however entirely useless against private companies with arbitrary terms of service.
- Mindwipe 3y agoNo, it literally isn't. They are two separate and unrelated legal concepts. I'm sorry but you are literally wrong. A "right" is something a state body (and usually third parties) must actively facilitate. I am required to get a fair trial, and if that needs the stare to wait to try me or build more courthouses they must proactively do that. A defense is not. A defense is literally just "we will not find you guilty or liable in court due to this." But nobody is required to go out of the way to help you achieve it. You just can't be sued or suffer a criminal penalty for it.