[free-sklyarov] Fair use "rights"

[Paul Gowder]

Jay Allen wrote:

>The second thing you may notice about this is that it does not confer upon 
>the consumer any right, but instead a protection from any action 
>(prosecution) under this statute.  Producers of copyrighted works are 
>never under any obligation to allow you to sample, backup, copy, etc their 
>work (as they are, by the way, in Russia), however, the law allows you to 
>do so without fear of prosecution.  It's a fine point, I know, but it 
>seems that there are no such things as fair use _rights_ or personal use 
>_rights_.  Uses such as these are simply protected under a safe harbor 
>provision.

Have you ever heard the phrase "distinction without a difference?"  A right 
is just something you can't be prosecuted for.  By your argument, in the 
US, there's no "right" to free speech, it's just that Congress isn't 
allowed to make any law against it.

Personally, BTW, I think fair use is constitutionally required, but that's 
a very long argument that is neither here nor there.

         -Paul


--
	-Paul Gowder

"It's because they're stupid. That's why everyone does everything."
     - Homer Simpson

	<paul at paultopia.net>

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