Re: Brief update about software freedom and artificial intelligence
On February 27, 2023 12:45:38 AM UTC, "Roberto A. Foglietta" <roberto.foglietta@gmail.com> wrote:
>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)
This is not correct. Commercial fair use is quite common world wide. Please don't confuse what you wish the law says with what it actually says. In any case, there are many different laws in many different places, so one can't be very certain about any of this on a global basis.
Russ's main point, that what is or is not fair use is a function of law, not license is correct. By definition, fair use is about what copyright cannot restrict.
Scott K
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