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A comment on Fair Use Is Not an Exception to Copyright, It’s Essential to Copyright. Parent comment

Re:Fair Use Is Not an Exception to Copyright, It’s Essential... by 6stringmerc on Thursday January 22, 2015 @12:18PM (#8930301)
Ah, indeed I conflated the "transformative" part from the book scanning, which makes them searchable. That's definitely a value-addition of the process, to me. Oh well, I'll leave the comment as it stands, flawed as it may be.

As far as signing a ToS / license, yeah you're right in principle, but I have no doubt that right will, as it was in this case, be under heavy legal artillery for the foreseeable future. Even the NFL hasn't bothered to change their tune with their "...is prohibited" disclaimer, which is fundamentally unenforceable. Maybe if that kind of dishonest truth stretching were an actionable offense, the stakes would be a little higher and cases more interesting.

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Re:Fair Use Is Not an Exception to Copyright, It’s Essential... by jahewson on Thursday January 22, 2015 @12:31PM (#8930397)
Yes, misleading copyright notices are real a problem as they cause many people to think that they will violate the license by exercising their fair use rights. Fixing the language might help - but I'd like to see fair use more clearly defined, so that consumers can easily check if their activity is legal, regardless of the license.
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