[free-sklyarov] Fair Use

[Karsten M. Self]

on Sun, Sep 09, 2001 at 10:51:23PM -0500, James S. Huggins (Free Sklyarov) (FreeSklyarov at ZName.com) wrote:
> 
> I was reviewing an old article
> ABCNews.com 24.Jul.2001
> http://abcnews.go.com/sections/scitech/DailyNews/antipirate_cd010724.html
> 
> It discusses the new encoding on CDs designed to prevent copying.
> 
> Particularly relevant are the quotes from people like Bill Krepik of
> Macrovision.
> 
> Consider:
> But since the AHRA [Audio Home Recording Act] dealt with “digital
> recording technologies” other than PCs and MP3 players,
> Macrovision’s Krepick and others believe the “fair use” concept
> doesn’t apply in this case. “There is no law that gives them the
> right to [rip CDs],” says Krepick.  [end quote]
> 
> They believe that "fair use" is a product of affirmative law, and that
> without a law granting "fair use", that there is no "fair use".

Factually relevant.

However, Fair Use dates from a time at which copyright doctrine didn't
tie the hands of those who wished to engage in it.  One argument calls
for various forms of compulsory fair use access or compulsory licensing
of works (Cf:  17 USC 115) if law and/or technology doesn't allow for
exercise of fair use rights.

-- 
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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