On 5/20/06, Fastfission fastfission@gmail.com wrote:
Riiight... do you have a point in this argument anymore, or are you just doing it for sport?
I'll summarize my stance in this particular argument in case you can't follow: The statement that "fair use is a defense and not a right" is the kind of confusing mumbo jumbo I'd expect to be spouted out by the RIAA, not a Wikipedian. Fair use is a fundamental right which is part of the fundamental rights to free speech, free expression, free press, etc. While it is difficult for a person to get an advance court ruling guaranteeing her right to fair use in a particular case, it is often possible - in fact the recent passage of 17 USC 512(f) as part of OCILLA provides a promising new avenue for fighting the chilling effects of copyright threat over materials distributed online.
Listen, I think it's a great idea to claim that we should all stand up and assert our fair use. Sounds great. But I'm not sure that's what WMF should do with its donations, and I'm not sure the O RLY? owl is the place to shed legal blood. There are copyright watchdogs out there, let them do that sort of work. We're trying to build a free encyclopedia here, last I checked, not serve as an anti-copyright activist network.
FF
The other half of my argument is that Wikimedia should take advantage of the OCILLA provisions when dealing with threats of lawsuits. Ray Saintonge expressed this view better than I have, and we seem to be in agreement. Refer to his recent emails in this thread for the details.
Anthony