On 12/22/06, Anthony <wikilegal(a)inbox.org> wrote:
You're half right. Fair use is a defense for copyright violation.
But if you successfully defend against a charge of copyright
violation, it means the copyright violation hasn't occurred. Copying
may have occurred, but not a copyright violation.
For an analogy, insanity is a defense for murder. And if the accused
successfully defends against a charge of murder using the insanity
defense, it means a murder hasn't occurred. Killing might have
occurred, but not murder.
A fitting analogy. It evokes particularly well the "shoot first and
hope for the best" attitude of many users around here to copyright law
:)
--
Stephen Bain
stephen.bain(a)gmail.com