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Time-shifting is not a "Terms of Service" issue, because fair use is a right under copyright law and signing a license cannot take that away from you. Also, I
by jahewson 12y ago
Time-shifting is not a "Terms of Service" issue, because fair use is a right under copyright law and signing a license cannot take that away from you.
Also, I think you misread the article: Time-Shifting was never ruled to be transformative. It was ruled to be fair use by the Supreme Court because it is for private use and does not affect the market for the original work.
- 6stringmerc 12y agoAh, indeed I conflated the "transformative" part from the book scanning, which makes them searchable. That's definitely a value-addition of the process, to me. Oh well, I'll leave the comment as it stands, flawed as it may be. As far as signing a ToS / license, yeah you're right in principle, but I have no doubt that right will, as it was in this case, be under heavy legal artillery for the foreseeable future. Even the NFL hasn't bothered to change their tune with their "...is prohibited" disclaimer, which is fundamentally unenforceable. Maybe if that kind of dishonest truth stretching were an actionable offense, the stakes would be a little higher and cases more interesting.
- jahewson 12y agoYes, misleading copyright notices are real a problem as they cause many people to think that they will violate the license by exercising their fair use rights. Fixing the language might help - but I'd like to see fair use more clearly defined, so that consumers can easily check if their activity is legal, regardless of the license.