Re:YouTube shuts down music companies’ use of manual copyrig...
by otakucode on Saturday August 17, 2019 @09:45PM
(#20727692)
Fair Use is specifically an affirmative defense. Not a defense like self-defense at all. It's not a matter of 'yes I did a bad, but I had a good reason', but 'it is my right to do this, I did nothing wrong'. The other references to Lenz v Universal in this thread established this and it's been upheld in many courts.
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Re:YouTube shuts down music companies’ use of manual copyrig...
by basch on Sunday August 18, 2019 @09:53AM
(#20730133)
Self defense is an affirmative defense.
The affirm part is you conceding you committed the crime, and then you argue it was justified.
Lenz didnt confirm it was an affirmative defense, they ruled the way they did despite admitting it was an affirmative defense, one that can only procedurally arise after you've been accused of a crime.