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Old 12-12-2007, 02:06 PM   #254
Steven Lyle Jordan
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Quote:
Originally Posted by Xenophon View Post
I'd agree on that for moral correctness. But a fair number of experts speaking to a graduate seminar in IP issues think the scenario I gave is 'highly likely to be legal.'...

According to those same experts the answer is that both of these examples are not OK under fair use. And yes, I did ask pretty much exactly those questions. It seems that if they give you the bits in any form other than 'on the physical disk you bought it with' they've stepped beyond fair use. These answers seem counter-intuitive to me, but there it is.
I think this is indicative of the fact that the law is not nearly as clear and specific on the subject of "fair use" as it ought to be. To me, "highly likely to be legal" is about as useful as saying "probably not loaded." And as "fair use" as pertaining to digital files is used more as a lazy-lawman's excuse than a specific set of statutes, I don't see anyone attacking Jon's example except the extremely anal.
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