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Messages on the internet breed aggresion and paranoia, I think
it's to do with not getting non-verbal cues, reckoned to be about 50% of
face-to-face communication.
Personally, I was thrilled to see all those pictures and I'ld
like to see them back.
Thanks to John C for his efforts, and thanks to John B for a
sensible comment. Thanks also to all those people who created the
pictures.
David Hindle
Biggleswade, England
----- Original Message -----
Sent: Friday, November 03, 2006 1:00
AM
Subject: fair use, DMCA, and the
list
Well, I didn't want to get into this, but I have to
comment that here we go again - stuff that definitely would not be a problem
in person, that would be easily worked out, turns into a problem on the
internet because people can't understand each other correctly from a few
written words. We should all know this by now. If you knew John C
in person, you'd know he's just trying to help the rest of us become better
educated as to what's out there. He's excited about educating us and he
puts a great deal of effort into it. I sure got educated! I had no
idea all those wonderful dial images were out there until John posted those
images, and I never would have unless he'd done it. We all owe John
bigtime. Sure he says stuff you might not like, in a manner you might
not like (who doesn't do that on occasion?), but you gotta realize he is
putting it out there for comment and is open to comment (as opposed to
attack). Just li! ke the rest of us posting here. Hell, you want
to see tactless, talk to _me_ some time, in person! I'll show you
tactless!
OK, all you other guys are right about the copyright law I'm
sure. Technically. But just to see what a lawyer would say, I
asked my son. His comment is, "Not necessarily." (Is nothing
necessarily true in law?) He says John must always respect the takedown
law for copyrighted material obtained from the web (take it down if asked by
the owner), but depending on how he's using it, he could be perfectly within
his rights. No permission or attribution required. My son directed
me to a law site which we can all access: http://caselaw.lp.findlaw.com/casecode/uscodes/17/chapters/1/sections/section_107.html
where it says:
Section 107. Limitations on exclusive rights: Fair use 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.
This section makes copyright law sound more human and understanding than
I thought it was.
Best, John B
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