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Making money is not a factor for fair use, but one factor is whether it’s a for-profit endeavor; you can be making money to fund an operation without doing so f

by judge2020 3y ago

Making money is not a factor for fair use, but one factor is whether it’s a for-profit endeavor; you can be making money to fund an operation without doing so for profit. And even then, courts haven’t been too concerned with that aspect when other aspects are clearly met.

rightbyte 3y ago
You need some sort of legal entity to receive the money, with ties to some real persons. It makes some corp. going after you so much easier, compared to trying to get to 'rightbyte' or 'judge2020' for doing git commits.
- judge2020 3y ago
  Not the best idea to try to get around lawsuits by simply staying anonymous. Nintendo can sue GitHub and you as a John Doe to compel GitHub to give up all info it has on you, like IP address access logs (which can then be used to compel your ISP to hand over their records on you).
  - crtasm 3y ago
    In that scenario, why would you have connected to Github from any IPs that link to your identity?
    - jamiek88 3y ago
      Because perfect security is impossible and you only have to leak your real IP once - especially with committing to github it would be so easy for a tool or plugin to leak that.
      - deleted 3y ago
        [deleted]
      - shzhdbi09gv8ioi 3y ago
        You make it sound harder than it has to be. Just put your VPN on autostart and be done with it. Also, there are other git hosting providers out there.
        jamiek88 3y ago
        ‘Just’ and never ever ever ever forget. Easy. Just like it was for Ross Ulbricht!
        crtasm 3y ago
        Well obviously you need to not use the same usernames/emails with your other identities. What does that have to do with IP addresses?
        jamiek88 3y ago
        The topic of the thread was hiding your identity from litigious corporations of which only a part of that is hiding your IP. THAT was the point but thanks for being the thread police and a conversation killer. Next time if I want to digress a little I'll run it past you first.
        crtasm 3y ago
        I hope Nintendo can't get the FBI to hunt down software devlopers.
      - crtasm 3y ago
        Tor browser for accessing the website. For commits a git+SSH config using Tor's socks proxy port will fail closed. For other tools/plugins that you can't be certain about you would have to run things in a VM that prevents non-Tor connections - e.g. this is how Qubes/Whonix does things. Replace Tor with VPN as desired.
  - rightbyte 3y ago
    Maybe but you added a ton of red tape between you and Nintendo. Staying semi-anonymous when also committing no actual crime is likely a really good filter versus lawsuits.
hn_acker 3y ago
> Making money is not a factor for fair use, but one factor is whether it’s a for-profit endeavor Whether the use is for-profit is not a factor either. It's part of a factor. The first factor of the fair use test [1] is: > the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; "including" is not "limited to", so something as simple as whether the use brings in any revenue, whether through donations or sales, could be one consideration within the first factor. Whether the use is for-profit is another consideration. [1] https://en.wikipedia.org/wiki/Fair_use#U.S._fair_use_factors https://en.wikipedia.org/wiki/Fair_use#U.S._fair_use_factors

rightbyte 3y ago

You need some sort of legal entity to receive the money, with ties to some real persons. It makes some corp. going after you so much easier, compared to trying to get to 'rightbyte' or 'judge2020' for doing git commits.

judge2020 3y ago
Not the best idea to try to get around lawsuits by simply staying anonymous. Nintendo can sue GitHub and you as a John Doe to compel GitHub to give up all info it has on you, like IP address access logs (which can then be used to compel your ISP to hand over their records on you).
- crtasm 3y ago
  In that scenario, why would you have connected to Github from any IPs that link to your identity?
  - jamiek88 3y ago
    Because perfect security is impossible and you only have to leak your real IP once - especially with committing to github it would be so easy for a tool or plugin to leak that.
    - deleted 3y ago
      [deleted]
    - shzhdbi09gv8ioi 3y ago
      You make it sound harder than it has to be. Just put your VPN on autostart and be done with it. Also, there are other git hosting providers out there.
      - jamiek88 3y ago
        ‘Just’ and never ever ever ever forget. Easy. Just like it was for Ross Ulbricht!
        crtasm 3y ago
        Well obviously you need to not use the same usernames/emails with your other identities. What does that have to do with IP addresses?
        jamiek88 3y ago
        The topic of the thread was hiding your identity from litigious corporations of which only a part of that is hiding your IP. THAT was the point but thanks for being the thread police and a conversation killer. Next time if I want to digress a little I'll run it past you first.
        crtasm 3y ago
        I hope Nintendo can't get the FBI to hunt down software devlopers.
    - crtasm 3y ago
      Tor browser for accessing the website. For commits a git+SSH config using Tor's socks proxy port will fail closed. For other tools/plugins that you can't be certain about you would have to run things in a VM that prevents non-Tor connections - e.g. this is how Qubes/Whonix does things. Replace Tor with VPN as desired.
- rightbyte 3y ago
  Maybe but you added a ton of red tape between you and Nintendo. Staying semi-anonymous when also committing no actual crime is likely a really good filter versus lawsuits.

hn_acker 3y ago

> Making money is not a factor for fair use, but one factor is whether it’s a for-profit endeavor Whether the use is for-profit is not a factor either. It's part of a factor. The first factor of the fair use test [1] is: > the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; "including" is not "limited to", so something as simple as whether the use brings in any revenue, whether through donations or sales, could be one consideration within the first factor. Whether the use is for-profit is another consideration. [1] https://en.wikipedia.org/wiki/Fair_use#U.S._fair_use_factors https://en.wikipedia.org/wiki/Fair_use#U.S._fair_use_factors