Re: Brief update about software freedom and artificial intelligence
On Sun, 26 Feb 2023 at 21:47, Russ Allbery <rra@debian.org> wrote:
>
> "Roberto A. Foglietta" <roberto.foglietta@gmail.com> writes:
>
> > My proposal to apply the GPLv3 or AGPLv3 - not directly to an object
> > but - to a collection of objects using the database protection,
> > automatically also solves the problem of a blurry "fair use"
> > definition. However, to be more incisive about "fair use", it is
> > better to declare explicitly what is not "fair use". Otherwise, we
> > risk having to explain this in court. Like in this file header:
>
> > https://github.com/robang74/isar/blob/evo2/meta/recipes-support/expand-on-first-boot/files/expand-last-partition.sh
>
> > # (C) 2022, Roberto A. Foglietta <roberto.foglietta@gmail.com>
> > # SPDX-License-Identifier: all rights reserved, but fair use allowed
> > # Fair use includes test, learning and marketing but not sales, redistribution
> > # leasing, renting or every other commercial/business activities without the
> > # consent of the author. Every company or individual allowed to use this
> > # code behind these limitations will be listed here below, if any.
>
> I'm afraid this is not how fair use works. The whole point of fair use is
> that the copyright holder has no control over uses that are fair use.
> They can grant additional rights with a copyright license, but they cannot
> stop legal fair use, no matter what they write in their license and no
> matter what their personal opinions are about what would fall into fair
> use.
I am sorry for having confuse you trying to explain a simple fact:
- fair use as legal term is a blurry one
- fair use cannot be limited but expanded (as I did over there)
- fair use could include {testing, learning, storage} and usually it does
HOWEVER
- fair use cannot include {business, commercial, marketing} rights in
anyway and in any conditions
WHY?
Because the principle of the copyright existence is about protecting
the authors' exclusive of that {business, commercial, marketing}
rights.
Because copyleft is a copyright that trades exclusive rights for
freedom instead of money, this is certainly happening also for the
copyleft.
CONCLUSION
We might have problems in identifying all the fair use cases but we
can be very certain about what is NOT fair use.
(in another e-mail about database/collection protection)
Best regards, R-
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