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The Grumpy Editor's guide to free documentation licensesThe Grumpy Editor's guide to free documentation licensesPosted Oct 27, 2004 16:44 UTC (Wed) by kimoto (subscriber, #5244)In reply to: The Grumpy Editor's guide to free documentation licenses by JoeBuck Parent article: The Grumpy Editor's guide to free documentation licenses
On debian-legal, it is often asserted that there are jurisdictions where there is no such thing as "fair use". (IANAL so can't pass judgment on that.)
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The Grumpy Editor's guide to free documentation licenses Posted Oct 28, 2004 5:07 UTC (Thu) by JoeBuck (subscriber, #2330) [Link] Such assertions are demonstrably wrong. Without fair use, you couldn't quote even the tiniest portion of a copyrighted work, or even read aloud (what? you are performing the work without the explicit permission of the copyright holder!) and I know of no country where people fear prosecution for quoting one line of a book. That shows that everyone has some concept of fair use, even if they don't call it that.
The Grumpy Editor's guide to free documentation licenses Posted Oct 28, 2004 6:54 UTC (Thu) by dmantione (guest, #4640) [Link] They do not exist in the EU, which is a larger market than the US. Instead the US has quotation rights, which allow you to quote from a document. It is a lot more restrictive than fair use.
The Grumpy Editor's guide to free documentation licenses Posted Nov 4, 2004 8:56 UTC (Thu) by Wol (guest, #4433) [Link] I'll give you an example of a jurisdiction where there is no *statutory* concept of "fair use".
In practice we get away with it under common law (and bringing lawsuits is expensive - the doctrine of "loser pays" and "plaintiff pays for nuisance suits" means prosecution is unlikely).
As an example - I make a "fair use" quote. The copyright owner sues me. I offer to pay the value of the work. The owner is now in a dilemma. If he accepts my offer, he's paid hundreds of pounds of court fees and got tens of pounds in copyright fees back (I don't have to pay his costs). If he *doesn't* accept my offer, and then the judge/jury accept my offer as reasonable, he not only has to pay *his* legal costs, but *mine* *as* *well*.
Lawsuits just don't happen under those sorts of rules ...
Cheers,
The Grumpy Editor's guide to free documentation licenses Posted Nov 4, 2004 8:58 UTC (Thu) by Wol (guest, #4433) [Link] Whoops - I didn't say what exactly that jurisdiction was. It's pretty clearly mine, the UK.
Cheers,
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