What is Digg?37 Comments
- goat2, on 10/10/2007, -9/+25it works by me using whatever the ***** i want
- Travelsonic, on 10/10/2007, -1/+12I just wish copyright notices, ESPECIALLY in music, movies, and in books, recognized fair use - archival backup and passage citation being two of them. They seem pretty obvious and fundemental to me.
- IceZZ, on 10/10/2007, -1/+5Why would a copyright notice include an affirmative defense? Should they also include the many other affirmative defenses? Remember, fair use is a defense to claim of infringement, not a free license to make use as you see fit. Depending on it all the time is perilous.
- ghostfish, on 10/10/2007, -2/+5I'm starting to get tired of people submitting every new post on the popular tech blogs, we're capable of checking them ourselves you know.
- tech42er, on 10/10/2007, -0/+3Not exactly; check out the first two questions (in rap parody form):
What's with your friggin article? Fair use is pretty ***** simple.
No, *****, it really ain't. The interpretation ain't that straight, though it might seem so to yo' average ho.
That's *****' crazy; what's up with dat?
How else we ***** gonna pay the rent? - IceZZ, on 10/10/2007, -1/+4No, what you are describing is called First Sale doctrine.
- inactive, on 10/10/2007, -0/+2apple is evil and not just iTunes. only difference is that it comes in a box. a box of aids.
- redxii, on 10/10/2007, -1/+3If ripping CDs for personal use were/is illegal (confused as to if it is since I hear different things), do they expect us to buy a few dozen CD drives so we won't have to shuffle CDs around?
- inactive, on 10/10/2007, -5/+7When I buy it I can do whatever I want with it. That's fair use for me, unlike Apple and their "ringtones".
- IceZZ, on 10/10/2007, -1/+3One other note, you said: "recognized fair use - archival backup and passage citation being two of them."
Backup of software is not a fair use. It is a Section 117 granted right. Citation is fair use depending on the circumstance. - thebellmaster1x, on 10/10/2007, -1/+3Buried, blocked, reported. Thanks for participating.
- dbr_onix, on 10/10/2007, -0/+1I just wish content I just bought wasn't full of fecking unskippable copyright notices, when I could download the same thing and see none of them..
- thefinger, on 10/10/2007, -0/+1Know your rights.
These are your rights.
You have the right not to be killed
Murder is a crime!
unless it's done by a pooleeece man
etc etc - Travelsonic, on 10/10/2007, -0/+1"remember, fair use is a defense to claim of infringement, not a free license to make use as you see fit."
Remember to read, I never implied it was. - spargett, on 10/10/2007, -0/+1I don't check every site every day, except Digg. Few people really have the time scour the latest posts on every popular tech site on the web.
- spargett, on 10/10/2007, -0/+1Thanks for the attempted at shedding some light in an otherwise very dark place.
- LordMorpheus, on 10/10/2007, -0/+1Know Your Rights is a public service announcement with guitar, written by the totally punk band, The Clash. In it Joe Strummer explains some fundamental rights to help you stay out of trouble in the brave new world (of 1979).
- anonym41414, on 10/10/2007, -1/+2Except it doesn't. That's the whole point. Go read 17USC107 for yourself. It's very brief, and very much open to interpretation. Which is where the case law comes in. Questions of fair use are hardly ever cut-and-dried, and are always evaluated on a case-by-case basis.
I challenge you to find me one case where fair use was the issue that resulted in a summary judgment for the defense. - uberlord, on 10/10/2007, -1/+2I could've sworn this was another conspiracy about kurt cobain's death, maybe I need to read the article before digging it. I'll resume my sing-a-long with Very Ape.
- hierophantus, on 10/10/2007, -1/+2Pretty skeletal. Would've been more useful with some examples. Although, that gets sketchy since the case law isn't always consistent.
- stubear, on 10/10/2007, -0/+1Read the link to the Stanford LAIR site, it's far more informative.
- IceZZ, on 10/10/2007, -0/+1Not quite true. Fair use IS a legal concept, and it IS codified as a four-part balancing sytem in the copyright statute. All statutory law is supplmented by case histories that interpret that law, fair use is no different. The case-by-case basis is limited to the precedential history in your particular instance; there are a fair number of cases on fair use in software, so you will be walking on fairly well-trodden paths if you, for example, copy a CD and claim fair use when claims of infringement are brought against you. This isn't specific to Fair use or copyright, the entire statutory legal system is built in more or less the same way. Specifically, if you really care to look it up, Title 17 S107 explicitly covers Fair Use.
- anonym41414, on 10/10/2007, -2/+3Did you not read the article? The whole point is that fair use isn't really a legal concept at all, but rather a shorthand name for a whole body of case law. Questions of fair use are evaluated on a case-by-case basis.
- thebellmaster1x, on 10/10/2007, -2/+2Hm... Wouldn't "the hammer" be a rap parody itself, i.e., MC?
- mexicanman07, on 10/10/2007, -4/+4i hate the comment system
- ysumitrao, on 10/23/2007, -0/+0Correct
- IceZZ, on 10/10/2007, -1/+1First, let me say that you have a really rudimentary understanding of the law. The court can always make findings of fact per se holdings. The balancing test is intended to allow the court to make summary judgments in favor of either party when they see the facts are clearly in favor of one or the other. Your "challenge" is trivial. Here are just a few of many summary judgments held in fair use actions (for either party, these are easy to find, there are thousands of them):
Nunez v. Caribbean Int'l News Corp., 235 F.3d 18
Chamberlain Group, Inc. v. Skylink Techs., Inc., 381 F.3d 1178
Bond v. Blum, 317 F.3d 385
Kelly v. Arriba Soft Corp., 336 F.3d 811
Davis v. Gap, Inc., 246 F.3d 152
etc etc...
Thanks for playing though. - insanebrain, on 10/10/2007, -7/+6iTunes is evil
- memonkey, on 10/10/2007, -3/+2rights? what rights? i live in america.
- IceZZ, on 10/10/2007, -1/+0n/m
- halavais, on 10/10/2007, -3/+1On Digg, the comment system hates you.
- mexicanman07, on 10/10/2007, -5/+3i hate the comment system
- MagicCake, on 10/10/2007, -8/+5Reading that would require visiting Engadget... Nah, I'll pass.
- Delber, on 10/10/2007, -5/+2Only in rap parody form -- anything else gets the hammer.
- mariposa73, on 10/10/2007, -4/+0trash!
- dsm88, on 10/10/2007, -6/+1Me too
- mexicanman07, on 10/10/2007, -6/+1FAIR USE!!!!!!1111
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