On 5/19/06, Philip Welch wikipedia@philwelch.net wrote:
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.
So the EFF is wrong? Or whether or not fair use is a right is an opinion?
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).
I've never heard of someone suing f(and winning) or violating your right to keep and bear arms. That'd be like me suing for my right to fair use when the police confiscate my computers.
Anthony