Quote:
Originally Posted by Andrew H.
No. Fair use is not a "right." Fair use is an exception to the *copyright* statute. Fair use means that certain acts do not legally constitute *copyright* infringement. Fair use only applies to copyright law. Fair use doesn't allow you to shoplift a book (because it's not an exception to the theft statute), nor does it allow you to snip a passage out a book in a store (because it's not an exception to the vandalism statute). Fair use doesn't allow you to violate the DMCA because that's a completely *different* law to which fair use has no application.
Yes. And like fair use, the DMCA exceptions are only exceptions to the DMCA; you can't infringe copyright to get a book that allows reading aloud just because it is permitted by the dmca in the same manner that you can't invoke fair use to violate the DMCA.
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Fair use and DMCA Kind ot trounce on one another. So until a judge says which one wins, it will remain a gray area. Fair use says yes, I can strip the DRM and convert the eBook as long as it is for my use only. DMCA tries to say otherwise. Fair use existed before DMCA. And nobody has said that fair use isn't valid any longer. So we just have to wait and see what happens.
So to say fair use doesn't count is ludicrous. Fair use is fair. DMCA is unfair. DMCA tries to take away our rights under fair use.