On Sat, Sep 5, 2009 at 12:15 PM, Raj Mathur <[email protected]> wrote:
> On Saturday 05 Sep 2009, Vickram Crishna wrote: > > > 'Fair use' is a matter that continues to pose problems for legal > > systems around the world, and I doubt the legal experts on this list > > have the authority to pronounce judgment on those who choose to > > encumber their posts with such lengthy signatures. > > I make the CD and send it to him, charging him Rs 25 > for the media and transfer costs. By doing this I'm violating the > licence of the mail and am technically liable to be prosecuted for > copyright violation. This is a very reasonable and likely scenario. However, I contest your suggestion that the acts of creating and distributing CDs are gains from the content of the email. You would have incurred those costs, and received the compensation for it, whether or not the impugned mail was included. To argue one step further, you/the recipient would also have incurred a cost to physically gain access to the CD, ie, by mail or courier, and it is hard to see how this is in any way gains from the specific content of OP. Certainly, the Indian Post wouldn't have a leg to stand on, if it were to be prohibited (or taxed, for that matter) from carrying commercial content on the grounds that it is gainfully earning directly from that content. It isn't, in fact, it merely charges for the cost of carriage, and not for the content thereof. Were this not so, I would see millions of Indians, hungry for the contents of this mailing list, paying more just to ensure OP's mails are deleted from it. To sum up, the costs of such reproduction and transmission cannot be construed as gains from the content. This is exactly the bone of contention about fair use with which courts and legal experts around the world wrestle, and the license is therefore intended to avoid such wrangling. But let's get OP's own reasoning for including the license (don't be shy, or be put off by flames, to admit it was but youthful enthusiasm)? -- Vickram http://communicall.wordpress.com
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