Erik Moeller wrote:
What I do suggest is that we use common sense to determine the few cases where we think fair use law is applicable, instead of simply ignoring these few loopholes in the current restrictive copyright code. I would think that someone opposed to intellectual property would embrace the idea that we should defend and make use of our rights, instead of bowing to the pressure from copyright holders.
I agree with this approach, but I don't see where we have had problems with the copyright holders themselves. It would be easy to agree to remove this material if the request came from the copyright holder himself. The pressure so=far seems to be coming from people who imagine that something is copyright.
To me, an important question is, "Can a copyright exist without a copyright holder?" In a simple case suppose that the apparent copyright holder died intestate last year, with no apparent heir, and not enough in personal assets to warrant probate. Who now owns the copyright?
My inclination would be to use borderline material, with an appropriate warning that we will happily remove on request from a properly identified owner.
Eclecticology