[Foundation-l] Fair Use (again)

Jeff V. Merkey jmerkey at wolfmountaingroup.com
Sun Jan 28 21:30:12 UTC 2007

Andre Engels wrote:

>2007/1/28, Jeffrey V. Merkey <jmerkey at wolfmountaingroup.com>:
>>All it takes is one lawsuit from someone who is upset at the images
>>being used, and the money from
>>the last fund drive could get used up in legal fees pretty durn fast. If
>>someone object to images
>>being used, then TAKE THEM OFF THE SITE, Fair use argments are not. I
>>recall my interactions
>>on en.wikipedia with people using copyrighted materials and some of the
>>debates I had there.
>>Bottom line, these anonymus editors are not the people who will get
>>nailed. The foundation will
>>be the ones who get served and Brad will have to hire a law firm to
>>defend the Foundation. It's
>>pretty simple -- if someone who owns th images does not want them used,
>>then do not use them.
>But what if there is no such request? Should we keep everything on the site
>until we get a request to take it down? Or should we only put things on that
>are as free as our own texts? Or something somewhere in between? That's what
>the issue is about.
Doctrine of Esstoppel. Someone puts something up fair use and the owner 
does not complain, then
should be no big deal (though the law says they have to have gotten some 
sort of notice or discovered
its use before the statute of limitation time clock starts ticking).

If someone goes to the trouble of sending a notice to take it down, then 
it should be addressed, apart from
what yould be obvious misuse of someone else's materials.


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