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Thread: Court Declares Newspaper Excerpt on Online Forum is a Non-Infringing Fair Use

  1. #1
    Herr Heckler Koch
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    Court Declares Newspaper Excerpt on Online Forum is a Non-Infringing Fair Use

    http://ia600509.us.archive.org/5/ite...5386.179.0.pdf

    https://www.eff.org/deeplinks/2012/0...nging-fair-use

    Quote Originally Posted by EFF
    Judge Roger Huntís judgment confirms that an online forum is not liable for its usersí posts, even if it was not protected by the safe harbors of the Digital Millennium Copyright Actís notice and takedown provisions. The decision also clarifies that a common practice on the Internet Ė excerpting a few sentences and linking to interesting articles elsewhere Ė is a fair use, not an infringement of copyright.

  2. #2
    Founder's Club Member PrayingForWar's Avatar
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  3. #3
    Regular Member Stanley's Avatar
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    Ummm... Since when was quoting and linking not fair use? Don't these companies realize that the more restrictive they try to be the more people will infringe on their copyrights???

    Should have learned that lesson from iTunes.
    "The alternate domination of one faction over another, sharpened by the spirit of revenge, natural to party dissension, which in different ages and countries has perpetrated the most horrid enormities, is itself a frightful despotism. But this leads at length to a more formal and permanent despotism." - George Washington, Farewell Address, 1796

  4. #4
    Herr Heckler Koch
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    Quote Originally Posted by Stanley View Post
    Ummm... Since when was quoting and linking not fair use? Don't these companies realize that the more restrictive they try to be the more people will infringe on their copyrights??? Should have learned that lesson from iTunes.
    http://www.righthavenlawsuits.com/

  5. #5
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    Quote Originally Posted by Stanley View Post
    Ummm... Since when was quoting and linking not fair use? Don't these companies realize that the more restrictive they try to be the more people will infringe on their copyrights???

    Should have learned that lesson from iTunes.
    Fair use is a defense or limitation on copyright. A copy of a copyrighted work must be found to be fair use based on the factors of 17 USC 107. Read more about some of the issues behind it here: http://www.law.cornell.edu/uscode/te...=2#quicktabs-8

    The short of it: you don't have a "fair use right", while someone does have copyright immediately upon creation of a work.
    "If we were to ever consider citizenship as the least bit matter of merit instead of birthright, imagine who should be selected as deserved representation of our democracy: someone who would risk their daily livelihood to cast an individually statistically insignificant vote, or those who wrap themselves in the flag against slightest slights." - agenthex

  6. #6
    Regular Member VW_Factor's Avatar
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    This has been gone over time and time again.

    As long as you are not quoting entire articles and be sure to post a link to the original work, you're golden.

    I never understood why some forums staff were overzealous with deleting things worried about it.
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    I am no victim, just a poor college student who looks to the day where the rich have the living piss taxed out of them.

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