Quote:
Originally Posted by pwalker8
Once the original judge decided it was fair use, then it was pretty unlikely that he was going to be overturned. Copyright law, and specifically fair use, in the US has a lot of common law in it, i.e. based on judicial decisions rather than clear legislation.
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But surely, if Google's actions are a "plain and brazen violation of copyright law" as the
Author's Guild says it is, the appeals court would have overturned the original decision?
Quote:
Originally Posted by pwalker8
Copyright enforcement is a civil action and thus requires the plaintiff to actively defend his copyright. So basically, you have to sue to enforce it. It wasn't the government going after all those grannies and little kids, it was the record companies.
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Then I misunderstood your point. I thought you meant that a copyright owner could lose their copyright if they didn't actively enforce it. I believe that's the case with trademarks, but not copyright.