On 5/20/06, Fastfission <fastfission(a)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