[Foundation-l] Fair Use (again)
saintonge at telus.net
Mon Jan 29 01:42:57 UTC 2007
Jeffrey V. Merkey wrote:
>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.
>There are a lot more torts than just copyright infringement they could
>pull out of the bag and use. They could claim
>unfari competition, tortious interference, and a whole host of other
>torts they may win with. It's cheaper, easier,
>and honorable to simply take down the images and tell the offended party
>it is being done as a courtesty. This makes
>it appear the foundation is acting in good faith.
When the actual owner of the photograph complains that certasinly boost
the issue up a notch, and we should definitely be ready to pay attention
to his requests. I did not see that as a factor in Robert's comments.
If the person objecting has no connection to the pictures, there is no
reason for us to give too much weight to that opinion.
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