Re: Fair use defined (was: Re: Stallman Admits to Copyright Infringement)
On Mon, 22 May 2000, Mike Bilow wrote:
> I think the real problem is that the actual statutory language enacted by
> Congress in the case of the DMCA is inherently contradictory, and it is
> therefore impossible to know what the act means in practice without a
> great deal of litigation. This is a grossly irresponsible surrender of
> lesiglative duty, much like a football referee trying to make everyone
> happy by telling both sides that they have won and then encouraging the
> fans to resolve the matter with fistfights.
I'm not entirely sure what you think is contradictory. The only thing
that I can think of is that Congress said that it is not denying fair use,
when in fact it make it impossible. However, these are not neccessarily
contradictory (although I think the MPAA's interpretation of the DMCA is
contradictory). However, the MPAA's position is that fair use is legal,
just impossible. This is not an inherently contradictory position
(although an evil one).
sam th
sam@uchicago.edu
http://sam.rh.uchicago.edu
Reply to: