[WikiEN-l] Getting rid of bad fair use

[Philip Welch]

On May 19, 2006, at 1:05 PM, Anthony DiPierro wrote:

>>> Why do people keep saying this?  Fair use is a defense.  It's  
>>> also a right.
>>
>> They keep saying it because that's the legal mantra about fair use
>> (just like "you can't patent a fact" is one for patents), which is
>> repeated in law books and by law professors and by lawyers on
>> television. (I think I first heard it from a lawyer in a class I  
>> took.
>> It's catchy -- catchier than "free as in speech, not as in beer" by a
>> mile!)
>>
> Interesting.  I tried looking this up, because hey, if it's repeated
> over and over it shouldn't be hard to find.  The first Google hit I
> found was http://www.eff.org/cafe/gross1.html - Understanding Your
> Rights:  The Public's Right of Fair Use.  But I guess the EFF has no
> clue what they're talking about.

Clearly, the EFF is an impartial source.

>> As I understand it, the real difference between a defense and a right
>> is that you can sue somebody for violating a right, but a defense can
>> only be used if you yourself are sued.
>
> You have the right to bear arms.  Who can you sue for violation that
> right?

If some police department confiscated all your firearms, and you  
weren't insane or a convicted felon, you could most likely sue that  
police department for violating your right to keep and bear arms (as  
well as violating your property rights).

-- 
Philip L. Welch
http://en.wikipedia.org/wiki/User:Philwelch