Text 6402, 90 rader
Skriven 2005-03-07 13:13:16 av SHANNON TALLEY (1:275/311)
     Kommentar till en text av MICHIEL VAN DER VLIST
Ärende: Re: You are violating my copyright
==========================================
Michiel,

Taken from the same site you read; Fair use makes copyrighted work available 
to the public as raw material without the need for permission or clearance, 
so long as such free usage serves the purpose of copyright law, which the 
U.S. Constitution defines as the promotion of "the Progress of Science and 
useful Arts" (I.1.8), better than the legal enforcement of claims of 
infringement. The doctrine hereby attempts to balance the interests of 
individual copyright holders with the social or cultural benefits that 
follow from the creation and distribution of derivative works. Insofar as 
this doctrine protects forms of expression that might otherwise be injuncted 
as copyright infringing, it has been related to First Amendment free speech 
protections in the U.S. Constitution.

Notwithstanding the provisions of sections 106 and 106A, the fair use of a 
copyrighted work, including such use by reproduction in copies or 
phonorecords or by any other means specified by that section, for purposes 
such as criticism, comment, news reporting, teaching (including multiple 
copies for classroom use), scholarship, or research, is not an infringement 
of copyright. 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.
The fact that a work is unpublished shall not itself bar a finding of fair 
use if such finding is made upon consideration of all the above factors

FidoTel promotes the (loosely structured) non-profit Fidonet organization by 
making available all issues of Fidonews to the public via HTML & FTP for 
educational and news reporting purposes, in accordance with Policy 4 and 
U.S. copyright laws.

> every article in the Snooze. You have not doen thois for the purpose of
> eductation or critisims or whatever, you have just copied it. That can 
> never be
> fair use. If that is fair use than cipoying and offering for downloiading 
> an
> entire movie is too.

Wrong.. See above.  That is the whole point of the Fidonews website.

> Anyway the burden of proof that you are making "fair use" is on you:

And -- I already have made my case.

> Because paying a royalty fee may be much less expensive than having a 
> potential
> copyright suit threaten the publication of a completed work in which a
> publisher has invested significant resources, many authors may seek a 
> license
> even for uses that copyright law ostensibly permits without liability.

Is your intention to attempt to extort money from me for helping Fidonet out 
by making these copies available to other nodes and people on the internet?

> >> You are doing the exact same thing as what you accuse Bj"rn Felten of.
> >> That makes you a bigot and a hypocrite.

I don't provide illegal copyrighted software on the internet.  Big 
difference....

> You are the one that is twisting things. Yoi have been flooding us with 
> qoutes
> from international treaties. I suggest you /read/ what you ahve quoted to 
> us
> before yoyu say again that you are not violating my copyright. You are the
> twisting what is bend into straight by using the lame excuse of "fair 
> use".

"Twisting" the facts to suit your argument Michiel...  It's the same stuff, 
just a different year... :)

By the way --- in order for you to pursue this, you will have to pursue 
every site that publishes every fidonews edition via every method. You can't 
just go after "1" person, you have to go after everyone equally.

You'll have to hunt down every BBS, website, and FTP site in the world. 
Then -- after you compile that list, you will have to hire an attorney, come 
here to the United States, and make your case in court.

That's just the beginning...

Shannon 

--- Platinum Xpress/Win/WINServer v3.0pr5a
 * Origin: FidoTel & QWK on the Web! www.fidotel.com (1:275/311)