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Old 06-21-2012, 09:27 AM   #54
ApK
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Posts: 4,191
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Join Date: Feb 2010
Location: NJ, USA
Device: Kindle
Quote:
Originally Posted by geekmaster View Post
There is no conclusive proof that it is legal, but in the USA it is necessary to prove something ILLEGAL. Anything not illegal is automatically legal, until new laws are established that say otherwise. Legally, you would need to prove that it is ILLEGAL for me to copy a book for personal (educational) use.
Copyright law say only the copyright holder can make copies. There you go. That's the law that makes it illegal.
Copyright law then adds qualifications and exceptions.
It also mentions fair use, and gives examples of criteria that can be used to determine if a use is fair use. It does not anywhere make a blanket exemption for personal use, or even educational use, but courts have, when there has been a disagreement, come down on that side in specific cases, like you mentioned for cassette copies and video taping.

Quote:
Originally Posted by geekmaster View Post
How much you can COPY and how much you can DISTRIBUTE (or republish) have completely different limitations in "fair use" doctrine.
Those are not the only factors. There is also intended use, effect on market, and others. And there are no hard and fast amounts. Fair use is a doctrine to be evaluated on case by case basis when folks disagree.

As you and I discussed elsewhere, I think the only aspect we disagree about comes from the rationale for the argument. I think it's of primary importance to start from a respect for "Law" and work from there, while you seem to be starting from a acknowledgement of broad DISrespect for this specific law and are working from there.

The end result of what SHOULD be considered fair and legal I think we pretty much agree on.

ApK
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