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Re:Open source body quits GitHub, urges you to do the same by egeozcan on Friday July 01, 2022 @06:48AM (#31944633)
> Fair use isn't an exemption from copyright, it's a defense for violating copyright

My uneducated brain cannot tell the practical difference between them, can you or anyone knowledgeable please explain like I'm 5?

Re:Open source body quits GitHub, urges you to do the same by hnlmorg on Friday July 01, 2022 @07:08AM (#31944761)
They're not accurate. Or at least not accurate to most jurisdictions that've I've read up on (some countries might be set up that way but I wouldn't know which).

Take UK law, "fair dealing" (I believe it's written as) is specifically stated as "not infringing copyright". Which means it's an allowance or exception, depending on how you want to phrase it. It's not something that is technically in breach and then used as a defence in (for example) court. In fact I don't even know how that kind of law would work in practice.

However since fair use can be a little subjective at times that does mean people are often forced to defend their position that their usage of the source material fell under "fair dealing".