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Fair Use Elaborated







Fair Use Elaborated

Fair Use Elaborated 08/27/2004 01:58 PM

I've received some interesting comments on my last posting. One of the commenters asked me to explain the fair use doctrine; here goes. The doctrine, which has close counterparts in patent and trademark law, permits a degree of unauthorized copying of copyrighted works. Shocking! If a teenager takes a joyride...




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Fair Use Elaborated

Grok Headline matches for Fair Use Elaborated

'SONS OF FUCKING BITCH-ASS GODDAMNED
COCK SUCKING GOAT FUCKERS!', he
elaborated.


'SONS OF FUCKING BITCH-ASS GODDAMNED
COCK SUCKING GOAT FUCKERS!', he
elaborated.
05/22/2004 03:24 PM
Attacked By Thugs! - Maciej Ceglowski is accosted by young, dorky thugs in Warsaw. After flagging down a van full of police to report the incident, frenzied pursuit-driven hijinks ensue. Almost makes me want to move to Poland and become a cop. Anyone have any sort of similar, amusing, crazed police experience? (I realise there are plenty of non-amusing, crazed police stories out there too, unfortunately.)

Super Science Fair Projects: Complete
Guide to Science Fair Projects, Topics
and Experiments


Super Science Fair Projects: Complete
Guide to Science Fair Projects, Topics
and Experiments
05/24/2004 06:24 AM
Super Science Fair Projects: Complete Guide to Science Fair Projects, Topics and Experiments
http://www.super-sc ience-fair-projects.com/

Today your teacher announced that your school is going to have a science fair and students are responsible for exhibiting their projects. What do you feel? Enthusiastic? Despondent? Dreadful? Fearful? Excited?" This statement opens the Super Science Fair Projects site. Actually, whether student or parent, science fair projects, while great ways to get students actively involved in learning the scientific method and problem solving, can be tough assignments. This site may help you with one of the hardest parts: coming up with an idea. The site does a great job of walking the visitor through the steps needed to plan and implement a project, from Choosing a Topic, the Scientific Method, and writing the Project Report. There are even tips on displaying your project, rehearsing, winning over judges, and what to expect the day of the fair. This is definitely a great tool to tap into when planning a science fair project.[From The NSDL Scout Report for Math, Engineering, and Technology, Copyright Internet Scout Project 1994-2003. http://scout.wisc.edu/]

Apple: fair play or failure to play
fair?


Apple: fair play or failure to play
fair?
08/07/2004 01:18 AM
Is Apple playing fair or not? On the one hand, it's their device, their music store, and their software.

Fair use, or not fair?


Fair use, or not fair? 04/09/2004 04:09 PM
Last week we posted a story written by my colleague David Graham titled Proven: Windows is more secure than Linux. It was one of the better-read pieces on the site this week. Four days after the article was posted, David did a Google search and found more than half a dozen sites had linked to the piece -- flattering. But at least three sites posted all or a substantial portion of the piece on their own sites -- and that's a problem.

It's a fair CoP


It's a fair CoP 03/24/2005 08:31 PM
vnunet.com Mar 25 2005 12:10AM GMT

It’s Not Fair


It’s Not Fair 09/11/2004 12:31 PM
Back in May, I whined that Jeremy Hedley of Antipixel would get better pictures than me even if he was using a drugstore disposable. Well, OK, so it turned out to be a cellphone camera. Sigh. (Oh yes, and Simon Phipps has a little masterpiece today, too).

Fair NAT 0.74


Fair NAT 0.74 05/11/2004 09:02 PM
A tool that distributes bandwidth in a fair manner among the clients in the LAN.

The Fair Tax


The Fair Tax 05/01/2004 09:06 AM
The FairTax is a consumption tax designed to replace the entire federal income tax system, including personal, payroll, corporate, self-employment, capital gains, gift, and inheritance taxes. [more!!]

Ah fair use, where would we be without
you?


Ah fair use, where would we be without
you?
06/24/2005 06:53 PM

Jason Kottke was just on G4's Attack of the Show, and thanks to my hacked TiVo, it's available as a 85Mb MPEG2 torrent.

Jason did great for live TV, which is just about the most stressful thing in the world. He seemed relaxed, though the host seemed a little manic. I assume a producer was screaming in the host's ear to keep Jason moving, which caused the host to cut Jason off whenever he started sounding reflective. My favorite parts were the host violating the Adsense terms of service by goading people into clicking his ad links and the graphic "Blogging for Bling" in the background (because clearly, Jason's only in it for the benjamins).


Fair NAT 0.68


Fair NAT 0.68 05/03/2004 10:45 AM
A tool that distributes bandwidth in a fair manner among the clients in the LAN.

Hey...not fair!


Hey...not fair! 04/09/2004 04:02 PM
"You look intimidating when you aren't smiling" - Jasmine Lam See...I'm not giving anyone dirty looks on purpose. And yes,...

College To Do Away With Fair Use


College To Do Away With Fair Use 12/17/2003 09:34 PM
The latest silliness from our college campuses is this bit of news from Ithaca College, where they're planning to tell professors that fair use no longer exists when it comes to course packs (the photocopied excerpts from various sources that many professors use to give students short excerpts from a variety of sources). While most such course packs do involve some approved material, much of it is often used on a fair-use basis - but university administrators are afraid of getting sued. Thus, they're going to tell professors that they need to license every last bit of content they use. This means that (a) professors will ditch a lot of materials, because they don't have time to get approval from everyone or because the publisher wants too much money to include a single paragraph and (b) the course packs will be much more expensive with less useful stuff for students. In some cases, professors will simply put the materials on library loan, where students will go and photocopy it anyway - basically adding an "annoyance" factor to the process. It's a great lesson we're teaching the students of today when they don't get to read certain materials because it's just too damn expensive.

so it's only fair to join in


so it's only fair to join in 11/01/2003 06:24 AM
largest fire disaster .. CALIFORNIA'S REQUEST .. fire

latimes.com/la-me-fema31oct31,1,443306.story
track this site | 5 links


Licensing and Fair Use


Licensing and Fair Use 08/23/2004 10:05 AM
The conventional economic objection to copyright and other IP propertization is that it limits access and by doing so causes a misallocation of resources: making and distributing another copy of some piece of software might cost nothing (well, virtually nothing), and yet if the copyright owner charges a price of...

Fair Use and Misuse


Fair Use and Misuse 08/27/2004 01:58 PM
Here is a very worrisome problem concerning fair use. It has to do with a dichotomy long noted by legal thinkers between the law on the books and the law in action. They often diverge. And fair use is an example of this divergence. As I said in an earlier...

Monster Fair 1.1.6


Monster Fair 1.1.6 12/24/2004 12:13 PM
Welcome to the greatest pinball show.

Fair and Balanced


Fair and Balanced 05/04/2004 09:16 PM
Read this Editorial titled Leader: iTunes ain't what it used to be from Silicon.com. If you're like me you'll see many glaring errors. Let's start...

Singapore fair use


Singapore fair use 09/27/2004 08:41 AM
I'm giving a couple of talks in Singapore in December and one of my kind hosts has sent me a form on which I'm to list every copyrighted and non-copyrighted source I use in the handouts, along with this explanation of what constitutes fair use in Singapore. I'd say that this is what we have to worry about our copyright law doing to the free expression of ideas, but I'm afraid you're going to tell me that this is in fact where our copyright law already is. Sigh....

Photos From Toy Fair


Photos From Toy Fair 02/14/2004 05:15 PM
Looks like things got started a bit early today up at Toy Fair in New York. Here's our first upload of photos from the show. We have three servers with the files on them which should hopefully ensure fast browsing. There is also a set of miscellaneous photos of non-Star Wars things some might find interesting. Gentle Giant - Miscellaneous Gentle Giant - Miscellaneous Gentle Giant - Miscellaneous

Fair and buxom


Fair and buxom 02/05/2005 09:14 PM
You can't make this stuff up.

What is fair pricing for MT3


What is fair pricing for MT3 05/13/2004 05:03 PM
Their are a few articles out there saying that some of us only want something if it is free. Personally...

Fair and Balanced?


Fair and Balanced? 10/28/2003 11:07 PM

Bill Gates recently got together with Steve Mills from IBM and demonstrated some web services interoperability between our two companies' products.  It has taken awhile to get to this point, from the initial hype to the point where some of these key scenarios work without smoke and mirrors; so it is nice to see a "status report" like this.

The first response I saw came in the form of this shrill attack piece run on CNET.  The author seems stuck in the last century, when people still bought the big lie about "write once run anywhere".  He fails to explain how "runs only on Java" is significantly different from "runs only on Windows", and completely misses the point that most enterprises have to support both types of systems (and many more) and therefore place a high priority on interop.

The attack piece brought back fond memories of the days when Bob Metcalfe and Jai Singh (now managing editor at CNET) were together at the helm of Infoworld.  Then I saw another analysis in CNET, covering the same interop event, but surprisingly balanced, at least in comparison to the first piece.  Finally, I found yet another analysis on CNET, again covering the same event; and this one is positively glowingly accurate!

What to make of it?  A single presentation by Bill Gates inspires three different pieces in CNET which cover the whole spectrum of opinion.  Can't complain about that.

~

Tragically, politics shuts down John Poindexter's data mining program.  It seems that only Safeway is allowed to collect that sort of information about U.S. citizens.


Chipping Away at Fair Use


Chipping Away at Fair Use 10/29/2003 12:10 AM

Ernest Has ‘Way More Time Than I Do Lately

"And doing great things with the time he takes — so check out his blog entry pointing to a wide range of discussions on the DMCA exceptions that were posted today by the Librarian of Congress: Ancillary Works on DVD DMCA Exemption Denied" [Furdlog]

Ditto and "what he said." If you've noticed a slowdown at LawMeme, it's because Ernie's posts are on his personal blog now, and he must be foregoing sleep in order to post as often as he is at The Importance Of (RSS feed here, although I'm going to take a moment to plead with Ernest to provide a feed with the full text of his posts!). He's really been on a roll the last few days.

On a more depressing note, make sure you follow the link above to Ernie's post and read up on the four< /A> DMCA exemptions& nbsp;ruling, too, because today our government again decided that we do not have a right to "fair use" of the digital files we purchase. Not surprising given the way the entertainment industry has framed the debate and paid for legislation over the last decade, but discouraging nonetheless.

If legislators were forced to vote today for the "right of first sale" of digital files, which is the exemption that has traditionally allowed libraries to circulate physical materials, I wonder how many of them would blindly sign it away without a second thought to libraries. If public libraries didn't already exist, would we be able to start them in this day and age? My guess is no.


Fair use is a right AND a defense


Fair use is a right AND a defense 09/09/2004 02:43 PM
Cory Doctorow: The entertainment companies often tell us that "fair use isn't a right, it's a defense." It's techincally true, but legally disingenous. As my cow-orker Fred Von Lohmann noted today in a mailing list post, "I've heard Peter Jaszi say on several occasions (and more eloquently), First Amendment is like fair use, technically invoked as a defense in court, but that doesn't stop us from talking about our *right* to free speech."

Fair Use and Licensing


Fair Use and Licensing 08/23/2004 10:05 AM
"Fair use" is a doctrine of copyright law (with counterparts in patent and trademark law as well) that allows a degree of unauthorized copying of copyrighted works. Shocking! Squatters' rights! Can a teenager take my car for a joy ride and when he's caught plead "fair use"--that I wasn't using...

Fair Use with DVDs


Fair Use with DVDs 07/08/2004 08:25 PM

  • NY Times: Whose DVD? A Debate Over Copies. The free copying tools are available through Internet sites that are not directly subject to American law, often because the nations that those sites call home permit individuals to copy material for their own use. People seeking such tools need only pose the question in an Internet search engine to find dozens of sites devoted to the subject, including the Afonic DVD Guides site (www .dvd-guides.com), run by Joseph Chatzimichail, a 20-year-old electrical and computer engineering student in Salonika, Greece.

  • Fair Use in China


    Fair Use in China 09/15/2004 09:25 AM
    That'll teach us for teaching the Chinese about the importance of copyright law. Google has been threat ened for using news summaries in its Hong Kong Google News service.

    New Photos From Toy Fair


    New Photos From Toy Fair 02/15/2004 07:37 PM
    It's been a day full of meeting and greeting, walking and talking, shooting and re-booting in New York today, but we've finally hit all Star Wars licensees that attended Toy Fair. Check out the latest offerings from Code 3, LEGO, and Master Replicas...who gave Rebelscum an exclusive look under the case of an exciting new product...the AT-AT walker! More detailed information will come soon, but for now enjoy the photos from Toy Fair.

    Fair Use in Action!


    Fair Use in Action! 07/27/2004 06:08 PM

    Barbies in a Blender with a CC button

    We enjoyed the shot above from the completely legal Barbie-in-a-Blender art gallery, from the folks at free culture. The full story behind the site is here.


    Fair Use in the Digital Age


    Fair Use in the Digital Age 08/10/2004 10:35 AM
    Out of concern that the Digital Millenium Copyright Act went too far in restricting fair use in the digital era, I have drafted and introduced along with John Doolittle of California H.R. 107, the Digital Media Consumers' Rights Act. Among other objectives, the bill would confirm that a person would...

    Other News: Play Fair Already


    Other News: Play Fair Already 05/04/2004 09:32 AM
    Some folks think Apple lacks any sound basis for its attacks on the PlayFair project.

    Maiden Internet Fair


    Maiden Internet Fair 04/17/2004 08:34 PM
    Bangladesh Daily Star Apr 17 2004 11:38PM GMT

    A Small but Important Win for Fair Use


    A Small but Important Win for Fair Use 09/01/2004 11:45 AM
  • Computing Research Policy Blog: Court Rules 3rd Party Garage Door Openers Don't Violate DMCA. In an affirmation of fair use rights -- at least, as long as they don't conflict with any other rights -- a federal court ruled yesterday that a company that makes interoperable remotes for other companies' garage door openers isn't violating federal copyright law.

  • More on Fair Use, with a Note on Patents


    More on Fair Use, with a Note on Patents 08/27/2004 01:58 PM
    Many great comments on my fair use posts; can't discuss them all, but let me make a few points in response: With regard to the Patry-Posner proposal for creating a new fair-use defense for unauthorized copying of old copyrighted workers if the copier was unable with reasonable effort to discover...

    "same sex marriages in my fair
    commonwealth"


    "same sex marriages in my fair
    commonwealth"
    05/20/2004 02:30 AM

    Cedar Fair Coasts Along


    Cedar Fair Coasts Along 05/05/2004 09:38 AM
    Summer is coming and that means more wild rides and tame results for Cedar Fair.

    Thomson's Book Fair


    Thomson's Book Fair 06/14/2004 11:31 AM
    Thomson tries again to sell off its print media unit.

    INDUCE Act: Ipecac for Fair Use


    INDUCE Act: Ipecac for Fair Use 06/28/2004 11:18 AM

    I have an admission to make. Until about 5 minutes ago, I had never given money to the Electronic Frontier Foundation. Although I have advocated their support for years, encouraging others to donate -- even on Gizmodo -- my cheap bastardness kept me from digging out my wallet, which is terribly lame, and I apologize. Now, though, I've cleared out my Paypal account and joined -- and I didn't donate a lot, either. Just $25 -- but now I feel like I can go ahead and write the rest of this post without being a total hypocrite.

    Ernest Miller brought to my attention something called the INDUCE Act, a bit of proposed law spearheaded by Senator Orrin Hatch that could possibly be used by record companies to sue companies that "induce infringements of the Copyright Act," meaning portable music stalwarts like Apple and Toshiba could be penalized for providing iPods (and the drives that power them) because they encourage users to download music. If by my description the proposed act seems too vague and indefinable, that's because, basically, it is. The INDUCE Act would be another weapon in the music industry's fight against its own customers -- you and me.

    Anyway, the EFF, as usual, does as much better job explaining the cause for alarm, including a mock complaint against Apple and Toshiba that the INDUCE Act, if passed, could make possible. If you think they maybe have a point, you should throw them a little cash, too. Think of it as a tax on all that free music you've downloaded or traded with your friends (don't tell them I said that, though).
    Read [EFF]


    Fair use = free speech


    Fair use = free speech 07/11/2004 03:35 PM
    Lessig points out a documentary on Fox News, one that makes extensive use of clips from Fox, without permission, to make its point, and what this means:
    As the Times article describes, Greenwald's style for distributing documentaries may be the beginning of something new -- political criticism, using interviews and clips, making a strong political point, distributed through DVDs and political action groups. (See some other examples here). On what theory does he, and others, have the right to use such material without permission? On the free culture theory we call the First Amendment: Copyright law must, the Court told us in Eldred, embed "fair use"; "fair use" is informed by First Amendment values; the values of the First Amendment most relevant here are those expressed in New York Times v. Sullivan. As with news-gathering, critical political filmmaking needs a buffer zone of protection against the overreaching of the law. And if the potential of this medium -- now liberated by digital technology -- is to be realized, we need clear precedents that establish that critics have the freedom to criticize without having to hire a lawyer first.
    Link (Thanks, Larry!)
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