Re: A possible GFDL compromise
On Fri, 19 Sep 2003, Arnoud Galactus Engelfriet wrote:
>Fedor Zuev wrote:
>> On Wed, 17 Sep 2003, Matthew Garrett wrote:
>> >As has been previously pointed out, fair use is far from a universal
>> >concept.
>>
>> Berne Convention, art. 10 par. 1
>That's not fair use. Paragraph 1 deals with citations. It's
>paragraph 2 that provides for fair use. And paragraph 2 is
>made explicitly optional by the wording "It shall be a matter
>for legislation in the countries of the Union".
>http://www.law.cornell.edu/treaties/berne/10.html
Discussion, AFAIK, was not about fair use in general (which
is very vague concept and yes, in this vague form exists only in US
and, maybe, China), but exactly about quotation of small strings
from manual in help strings, menu item descriptions and similar
objects. US definition of Fair Use include quotation, as well as
many other forms of copyright exclusions.
>> >Within the United Kingdom, it doesn't exist,
>>
>> Copyright, Designs and Patents Act, art. 32.
>I don't know which part of article 32 of the CDPA you are referring
>to, but it deals with copying "in the course of instruction or of
>preparation for instruction".
>http://www.hmso.gov.uk/acts/acts1988/Ukpga_19880048_en_4.htm#mdiv32
Exactly. And preparation a help strings to assist user in
use of program is a preparation for instruction.
Again, if you look for the fair use in general, you should
take all chapter III, not only article 30.
>Article 30 is much closer but still is very limited in application.
>I would classify it as a "citation" right rather than as a
>"fair use" right. Note that it has to be "for the purpose of
>criticism or review" or "for the purpose of reporting current
>events".
Of course. And this is exact reason why I not point to
article 30, but to article 32.
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