On Sat, 29 Jan 2000, Bob Stock <bstock[_at_]mindspring.com> wrote:
>
> To understand that fair use is difficult to apply is an important
> realization. Not only is fair use dependent on the facts of each
> case, but courts do not apply the doctrine with any consistency.
> Is this a good thing? Probably not. Makes it particularly tough
> on people who copy, receive a cease-and-desist letter, and drop it,
> even if they think their use is fair. And I'm not even saying that
> their use *is* fair, only that a determination is difficult and
> expensive.
Ah, now if we could only explain this to the people who advocate "anti-circumvention" features in software. Not only is a constant "no" an incorrect algorithm for determining when a use is fair, it's doubtful there is such an algorithm, or, even if there were, that a programmer would come up with it.
Lynn
Lynn Winebarger
<owinebar[_at_]free-expression.org>
Received on Sun Jan 30 2000 - 10:36:28 GMT
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