There are some interesting comments on that linked article, one of the most thought provoking, for me, was by a user named Frosty Grin:
Quote:
No, it isn't defined through the four factor test because:
a) the list of factors is nonexclusive;
b) the four factors are very hazy;
c) the importance of every single factor is undefined.
For example, it's pretty obvious that criticism can be commercial in nature and have a negative effect on the market value of the copyrighted work. But it doesn't mean that negative criticism is against the law.
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He has a very good point that even with the four-factor test, there is a lot of room for interpretation as to what is fair and what isn't. It is especially troubling that the "fair user" very often can't be sure if what they are doing is legal or not, because the definitions are so fuzzy. In any case, they say that this is the first in a series of proposed legal changes from this group, so I subscribed to their mailing list. Hopefully they will have some success in clarifying the law.