RE: [SLUG] Novell's CTO Blog - new entry

From: Ken Elliott (kelliott11@cfl.rr.com)
Date: Wed Apr 26 2006 - 21:56:03 EDT


Steve >> Well there is this little thing called fair use law. It allows
Steve >> copying as long as money is not exchanged.

Paul >> I guarantee this broad definition would *not* stand up in a court of

Paul >> law. Copying and distribution under the fair use clause is not
Paul >> precisely

Steve >> Again, read the law.

I did. The law states:

----
In determining whether the use made of a work in any particular case is a
fair use the factors to be considered shall include - 

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work. ----

So it would appear that copying songs and sharing said copies would effect item 4. I believe Paul is quite accurate.

One other thing - according to the letter of the law, it is NOT stealing, but it is copyright violation. Morally, I agree that it is stealing. The difference being that the violator would be a (morally) a thief that doesn't go to jail. That's why RIAA has to sue - it's a civil violation, not a criminal violation. PS- IANAL...

Ken Elliott

===================== -----Original Message----- From: slug@nks.net [mailto:slug@nks.net] On Behalf Of steve szmidt Sent: Wednesday, April 26, 2006 6:43 PM To: slug@nks.net Subject: Re: [SLUG] Novell's CTO Blog - new entry

On Wednesday 26 April 2006 17:15, Paul M Foster wrote: > steve szmidt wrote: > > <snip> > > > Well there is this little thing called fair use law. It allows > > copying as long as money is not exchanged. > > I guarantee this broad definition would *not* stand up in a court of > law. Copying and distribution under the fair use clause is not > precisely

Again, read the law.

--

Steve Szmidt

"To enjoy the right of political self-government, men must be capable of personal self-government - the virtue of self-control. A people without decency cannot be secure in its liberty. From the Declaration Principles ----------------------------------------------------------------------- This list is provided as an unmoderated internet service by Networked Knowledge Systems (NKS). Views and opinions expressed in messages posted are those of the author and do not necessarily reflect the official policy or position of NKS or any of its employees.

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