David Gerard wrote:
On 10/09/2007, David Gerard dgerard@gmail.com wrote:
Mmm. I was interested in the court saying "no really, it's a First Amendment right, you idiots." I suppose the absolutists can say the Supreme Court hasn't considered it yet, if they want to appeal further.
Well, as long as fair use is permitted by statute, there's really no occasion to consider whether it's also required by the U.S. constitution or not, since you can't really appeal a point that already went your way. It'd only be if it *weren't* permitted by statute (or if the statue were exceptionally narrow) that someone would have an occasion to raise a constitutional argument.
-Mark