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"...it was fair use because the ads were preserved..." Since when does fair use require the preservation of ads or any specific portion of the content? Your ar
by jackalope 14y ago
"...it was fair use because the ads were preserved..."
Since when does fair use require the preservation of ads or any specific portion of the content? Your argument dilutes the meaning and intent of fair use. Even the matter of being free or not has no bearing. The majority wisely avoided this area and fundamentally upheld the fair use rights of the users. The dissenting opinion confuses the issue by discussing licensing agreements, even going so far as to suggest fair use is somehow illegal.
- DannyBee 14y ago"Since when does fair use require the preservation of ads or any specific portion of the content? " When "the effect of the use upon the potential market for or value of the copyrighted work." became a factor that must be considered in fair use? While the 4 factors were not meant to be all-inclusive, there's a great law review article that shows that something like 99% of court decisions only ever consider those factors