Quote:
Originally Posted by Requiem
What is all of the misreading or completely ignoring certain statements I make to only view what you want to view. I didn't say anything about DRM not hindering fair use. I said that "Fair Use" as written does not give the average joe the ability to do anything they want with the material. In applies to what seems to be "scholarly" type things. Not individual use rights. I have a simple view of not trying to interpret law but to apply it literally. And literally most of us didn't have any fair use rights under these provisions anyway.
|
When you take a cd, put it into your cd drive on your computer and broadcast the music throughout your house, to different speakers in different rooms, you are engaging in "fair use." Without that, it would be perfectly possible for the owner of the copyright on the cd to restrict your playing of the music to a single speaker.
When you make a copy of a dvd to a file that you can play on your iPod Touch while you are on the plane, you are engaging in "fair use."
When you use a dvr to timeshift your favorite tv program, you are engaging in "fair use."
When you use AudioHijack or Radioshift to record a radio broadcast, or rip a cd to be moved to your iPod to listen to while you walk the dog, you are engaging in "fair use."
When you print off a copy of a blog post, because you can read paper better than you can read on the screen, you are engaging in "fair use."
When you quote in a forum like this, from a book or speech or television dialogue, you are engaging in "fair use."
When you post a link to the New York Times, you are engaging in "fair use."
Still think you don't have any "fair use" rights?
Let me give you a concept that is useful in thinking about copyright and "fair use." "Fair use" is NOT an exception to the copyright law. Copyright law is an exception to "fair use."
What I mean is this: without the copyright laws, anyone and everyone has the legal right to copy and use any intellectual property in any fashion he or she wants to, at any time. That is still the case with the enactment of copyright laws, except to the exent that copyright law awards certain ownership rights, protected by law, to the creator of the intellectual propery.
Legally speaking, what I have just written is copyrighted, and you can't quote it or reproduce it in any way without my permission. But if you respond to this post by quoting it in order to provide a context for the next reader to understand your response, that is "fair use."
We are surrounded by "fair use." We swim in "fair use." We are an information culture, and to coin a phrase, "information wants to be used."