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Fair use and the factors for determining if something constitutes fair use are part of case law going back centuries, and copyright for the public good has been
by magicalist 13y ago
Fair use and the factors for determining if something constitutes fair use are part of case law going back centuries, and copyright for the public good has been held up for just as long (in spite of setbacks like the extension of copyright length and the anti-circumvention sections of the DMCA).
To your specific suggestion for the future, fortunately Congress codified fair use back in the 1970s, so the "four factors" enshrining fair use are absolutely found in copyright law:
http://www.law.cornell.edu/uscode/text/17/107 http://www.law.cornell.edu/uscode/text/17/107
- pbhjpbhj 13y agoYes, but the judge isn't just using a shoe-horn to fit Google's actions in to fair use he's using a car compactor.
- Kliment 13y agoThat just means that everyone in the US just got a free car compactor for their own free use arguments. You should be rejoicing.
- pbhjpbhj 13y agoI don't think most of us are capable of committing tortuous infringement at a level to make it comparable with Google. Nor are we capable of extracting the value in that to make it financially profitable to do. Personally I'd rather the law be altered explicitly rather than allowing ad-hoc alterations to accommodate massive corporations.