Anthony DiPierro wrote:
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.
The difficulty with that one may be with the word "knowingly" It will probably require a pattern of repeated takedown orders over the same material and with no real effort to respond to a putback order with a court case.
Ec