On 6/22/06, Tim Starling t.starling@physics.unimelb.edu.au wrote:
Yes, transformative use has long been a feature of fair use in the US. However, it's not a feature of fair use/dealing under English common law or the Berne Convention. Unless there is some amount of harmonisation, US law will remain largely irrelevant for Wikipedia. As I've repeatedly argued, Wikipedia should be freely redistributable throughout the world, not just in the US.
Right, guys, but that's another discussion entirely, and one which we've had before and one which hasn't changed much since the last time we talked about it.
I think people are missing the bigger points about this ruling that I and Jamesday are trying to point out -- there are some major implications for how we use fair use in this ruling, it is much more specific to Wikipedia's situation than most of these fair use rulings have been.
FF