On May 19, 2006, at 1:05 PM, Anthony DiPierro wrote:
Why do people keep saying this? Fair use is a
defense. It's
also a right.
They keep saying it because that's the legal mantra about fair use
(just like "you can't patent a fact" is one for patents), which is
repeated in law books and by law professors and by lawyers on
television. (I think I first heard it from a lawyer in a class I
took.
It's catchy -- catchier than "free as in speech, not as in beer" by a
mile!)
Interesting. I tried looking this up, because hey, if it's repeated
over and over it shouldn't be hard to find. The first Google hit I
found was
http://www.eff.org/cafe/gross1.html - Understanding Your
Rights: The Public's Right of Fair Use. But I guess the EFF has no
clue what they're talking about.
Clearly, the EFF is an impartial source.
As I
understand it, the real difference between a defense and a right
is that you can sue somebody for violating a right, but a defense can
only be used if you yourself are sued.
You have the right to bear arms. Who can you sue for violation that
right?
If some police department confiscated all your firearms, and you
weren't insane or a convicted felon, you could most likely sue that
police department for violating your right to keep and bear arms (as
well as violating your property rights).
--
Philip L. Welch
http://en.wikipedia.org/wiki/User:Philwelch