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Re:Illegal Prime Numbers by lostcolony on Monday April 12, 2021 @11:21AM (#26780372)
Sometimes the law cares about intent.

For copyright, it really doesn't. Hence Disney threatening to sue daycares for having Disney character murals on their walls.

While we have since had the four factors of fair use introduced, it still doesn't care about intent; it cares about how the work is used/transformed, but that's different than intent.

Re:Illegal Prime Numbers by snappieT on Monday April 12, 2021 @11:27AM (#26780440)
If you take copyrighted material and put it on a daycare mural, then you _intended_ to put copyrighted material on a daycare mural. It is not about intent to damage, it's just pure intent.
Re:Illegal Prime Numbers by redwall_hp on Monday April 12, 2021 @11:35AM (#26780541)
They intended to make referential work to characters in our modern common culture/mythology, as people have done since time immemorial. Some rent-seekers merely think they get to own ideas now.
Re:Illegal Prime Numbers by kryogen1c on Monday April 12, 2021 @09:43PM (#26787300)
> Some rent-seekers merely think they get to own ideas now.

are you quite serious? Disney doesn't think they own coming of age tales or intrepid children feeling out of place. Disney thinks they own the things they paid to create during the operation of their business.

the daycares Aren't making up their own stories, theyre directly benefiting by using Disney's products without licence or permission. this is the exact opposite of seeking.

Re:Illegal Prime Numbers by feanaro on Tuesday April 13, 2021 @07:26AM (#26790779)
The point is Disney shouldn't really be able to "own" the image of Mickey Mouse for over a hundred years just because they paid for the creation of some initial image.
Re:Illegal Prime Numbers by sullyj3 on Tuesday April 13, 2021 @01:21AM (#26788375)
Copyright may or may not be a good idea, but arguing its merits isn't relevant to the question of its current legality.
Re:Illegal Prime Numbers by lostcolony on Monday April 12, 2021 @11:46AM (#26780721)
What you're saying is that action = intent. Meaning intent is immaterial; the action is proof of intent. I.e., the opposite of caring about intent.

To prove intent you'd have to prove the daycare knew the works were copyrighted (i.e., the distinction between public domain Snow White, and Disney's Snow White), knew the copyright law sufficiently to know this was infringing (i.e., painting on the interior of a daycare where you're clearly not economically benefiting), and to choose to do it anyway.

Hence why copyright law doesn't take intent into account; 'ignorance of the law is not a defense'.

Re:Illegal Prime Numbers by drdeca on Monday April 12, 2021 @02:30PM (#26783187)
This isn't the intent being referred to. They aren't referring to "intent to violate copyright law".

If your intent is to comment on Shakespeare, and it happens that what you produced, when run through some process, produces something under copyright, but the thing you intended to express doesn't, I don't think that would violate copyright law? Or at least, no one would convict you.

Re:Illegal Prime Numbers by drdeca on Wednesday April 14, 2021 @01:13PM (#26810029)
Also, my understanding is that if you can prove that your creation of something was independent of someone else’s creation of the same thing, it isn’t a copyright violation?