Over the top
Posted Jun 2, 2009 3:49 UTC (Tue) by BrucePerens
In reply to: Over the top
Parent article: Okular, Debian, and copy restrictions
I know the case law exists. But there is no affirmative fair use right. There is something in 17 USC 107 that essentially makes fair use a valid defense in an infringement case. But it is really vague, because it wasn't intended to give you any more than case law existing in 1976 had already given you.
The result is that you can't really say that turning off that flag is a fair use right. And whatever balance Open Source arrives at with content owners, if we are going to be able to operate in the future world, isn't going to be "I won't even display your notices because I feel even those violate my rights".
Perhaps you haven't noticed the success of the Kindle. And now here comes Google with their own scheme. And slowly we are being swept into a corner where we will be an uncommunicating island within the internet, walled off from content.
Free software dies at its own hands.
to post comments)