On Mon, Mar 26, 2012 at 10:01 PM, Ben Finney <ben+deb...@benfinney.id.au> wrote:
[Ben Finney]
> Is that by definition – i.e. that, if a jurisdiction does not behave
> that way, you disqualify them from being a “sane jurisdiction”?
>
> Or do you have a set of sane jurisdictions that isn't dependent on that
> behaviour, and have evidentiary support for your being fairly certain
> they behave in the manner you describe?

I appreciate your giving me an opportunity to learn something new, and
here is what I learned, and how it affects the topic.

I see you have an Australian (.au) address. I assume you became
defensive since there is no 'fair use' in the AU fair dealing law.
In a paper published by the Australian Copyright Council, it breaks
it down as you're not allowed to use anything without permission,
with the exceptions that you do not need permission if what you
are using is not an important or distinctive part of the copyright
material, nor if usage falls within explicit fair dealing exceptions
(which allow for research on the subject, reviewing the subject,
news relating to the subject, subject based attorney needs, or
private or internal usage by individual or company).

Which, to this non-lawyer, sounds very much like US copyright law,
and the 'important or distinctive part of the copyright material'
sounds a lot like the 'sane' version of fair use, albeit under a
different name. The exceptions given that allow for certain cases
to ignore copyright do not include documentation of software that
is meant to be distributed.

For the case in point, if this is the governing law of the
documentation issue, from what I can tell, there would be no issues
with translating a work under any system, so long as the translation
is for personal use only. However, no portion of the translation (large
or small) would be allowable if it is decided that the translation itself
is copyrighted by the company which has created the translation
database.

As you asked a fairly personal question (my usage of 'sane'), to
answer it directly.. what I, myself, considers sane is 'you can't copy
and distribute copyrighted works, without regard for copyright, if what
is copied is a substantial portion of the original work'. If you disagree
that is sane, that is your human right, but I will differ on the point.
-- 
-Felyza


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