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Date:      17 Dec 2001 15:15:01 -0800
From:      swear@blarg.net (Gary W. Swearingen)
To:        Jamie Bowden <ragnar@sysabend.org>
Cc:        "Jeremy C. Reed" <reed@reedmedia.net>, freebsd-chat@FreeBSD.ORG
Subject:   Re: Boston Globe Article (fwd)
Message-ID:  <upu1up1lsa.1up@localhost.localdomain>
In-Reply-To: <Pine.BSF.4.10.10112171032290.64181-100000@moo.sysabend.org>
References:  <Pine.BSF.4.10.10112171032290.64181-100000@moo.sysabend.org>

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Jamie Bowden <ragnar@sysabend.org> writes:

> Case law with respect to fair use is very specific that a single artice
> in full from a magazine or newspaper is fair use.  I just watched this
> flamewar a month ago on a list with people who are lawyers in real life.
> Copyright law is complicated and ugly, but they all agreed on this point.

From the http://www.freerepublic.com :

    Free Republic has been enjoined from allowing users to post full
    text articles from the Los Angeles Times (LAT) and Washington Post
    (WP).

The site claims to be non-commercial and makes no profit but can't get
non-profit status because of the accompanying political activity
restrictions. (One wonders how there can be so many socialist-lite
non-profit orgs.) In any case, the fact that they are legaly a
for-profit corporation had only a small part in the decision.

From the Judgement ("Case Summary"):

    OUTCOME: Defendants failed to demonstrate that it was necessary to
    copy, verbatim, plaintiffs' articles to enable website users to
    criticize the manner in which the media covered current events.  
    Verbatim posting of plaintiffs' articles was more than was
    necessary to further defendants' critical purpose.

Also:

    The mere fact that a use is commercial does not
     "give rise to a presumption of unfairness."

Lots of other stuff about impact ($, etc) to copyright owners, etc.

A great page to waste time on (which I won't post in full, even though
I suppose it is in the public domain):

    http://www.freerepublic.com/judgment.htm

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