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It’s not normally the courts’ job to change the laws. People need to get Congress involved. I doubt very few people write to their representatives about fair us
by danielfoster 2y ago
It’s not normally the courts’ job to change the laws. People need to get Congress involved. I doubt very few people write to their representatives about fair use.
- AnthonyMouse 2y agoThe entire question is whether any change to the law is necessary. The courts created fair use to begin with and it has been codified by Congress in the statute for decades. Congress doesn't need to change anything if this is already fair use, so why shouldn't it be?
- thayne 2y agoWhat is codified as legally fair use is extremely limited, and the limited changes to account for digital copies has mostly favored publishers. The terms of fair use should be updated and broadened.
- AnthonyMouse 2y agoWhat is codified as legally fair use is extremely squishy. It's the kind of multi-factor balancing test that lets the courts do whatever they think is right. The problem is that's also the sort of thing corporations abuse to set bad precedents, by constantly nibbling away at the edges with expensive lawyers, and filing suit against defendants with far fewer resources. This is why "according to corporate PR, what the defendant did was bad and wrong" should always be viewed with heavy skepticism. They're always going to choose a case where they can try to paint the defendant as the villain. And yet, we know who are the ones twirling their mustache.
- HeatrayEnjoyer 2y agoCourts created fair use in the first place