[free-sklyarov] fare use question

[Karsten M. Self]

on Mon, Sep 10, 2001 at 02:51:10PM +0200, DeBug (debug at centras.lt) wrote:

> I want to raise a question on how far the notion of *fare use* can
> extend.

Is that "fare" (for a fee) use or "fair" (reasonable expectations) use?

> (single user license). Can it install this tool for 5 persons ?
> Can it install both at office and at home. Many developers work
> both at office and at home. Is it within fare use right ?

This question is more appropriate for a list on general IP issues such
as CNI-Copyright.

I don't believe your hypo falls under the scope of fair use as it's
defined in 17 USC 107:

    http://www4.law.cornell.edu/uscode/17/107.text.html
    
    ...the fair use of a copyrighted work, [...] 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 The fact that a work is unpublished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.

Cheers.

-- 
Karsten M. Self <kmself at ix.netcom.com>          http://kmself.home.netcom.com/
 What part of "Gestalt" don't you understand?             There is no K5 cabal
  http://gestalt-system.sourceforge.net/               http://www.kuro5hin.org
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