[Foundation-l] precisions about the recent WMF "fair use" decision

[Delirium]

Robert Scott Horning wrote:
> Delirium wrote:
>   
>> Reproducing artwork and other cultural artifacts for scholarly 
>> commentary is pretty well established, and is done literally thousands 
>> of times per year in academic journals.  Heck, a recent journal article 
>> I read [http://gamestudies.org/0601/articles/montfort] even reproduced 
>> the entire source code of the 1977 Atari game _Combat_ as part of its 
>> commentary.  It's not as if this is some sort of amazing new use that 
>> we're the first to discover.
> I've asked before, but are there any publications of the scale of 
> Wikipedia that acutally use fair-use artwork?  In nearly every instance 
> I find licensed images instead, including several that have been offered 
> today on the various talk pages of Wikipedia that were referencing 
> Encyclopedia Britannica.  I don't see fair use being used to this extent 
> at all in major publications, even textbooks about artwork.
>   
Well, I just linked you to a journal article freely published online; 
one among many.  Do you want a hit counter on it or something to satisfy 
your "scale" requirement?  I don't see what that would have to do with 
it anyway---How is fair use in a journal any different than fair use in 
an encyclopedia, legally speaking?

-Mark