[WikiEN-l] Getting rid of bad fair use

Ray Saintonge saintonge at telus.net
Mon May 22 05:30:53 UTC 2006

Anthony DiPierro wrote:

>On 5/20/06, Fastfission <fastfission at gmail.com> wrote:
>>Riiight... do you have a point in this argument anymore, or are you
>>just doing it for sport?
>I'll summarize my stance in this particular argument in case you can't
>follow:  The statement that "fair use is a defense and not a right" is
>the kind of confusing mumbo jumbo I'd expect to be spouted out by the
>RIAA, not a Wikipedian.  Fair use is a fundamental right which is part
>of the fundamental rights to free speech, free expression, free press,
>etc.  While it is difficult for a person to get an advance court
>ruling guaranteeing her right to fair use in a particular case, it is
>often possible - in fact the recent passage of 17 USC 512(f) as part
>of OCILLA provides a promising new avenue for fighting the chilling
>effects of copyright threat over materials distributed online.
The difficulty with that one may be with the word "knowingly"  It will 
probably require a pattern of repeated takedown orders over the same 
material and with no real effort to respond to a putback order with a 
court case.


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