Quote:
Originally Posted by CrkMStanz
so how are torrents / newsgroups / tubes (just the illegal stuff) / whatever covered by this clause in your deluded brain...
are they posting full un edited works for criticism?
comment?
news reporting?
teaching?
scholorship?
research?
parody?
anything at all? besides making sales - to profit from their fraudulant use of copyrighted works in their entirety?
enlighten me here - how do you use this section to justify their actions?
how do you equate what is being done, with what should be fair use as defined in your quote?
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fair use is not frozen in time, new fair uses UNDEFINED in the original act have been established by the courts.
Backup was established by the court
timeshifting was established by the court
formatshifting was established by the courts
backup was extended to the cloud years ago
timeshifting was extended to the cloud in july (supreme court decision)
newer fair use rights like access shifting have been established in EU and are working their way thru the us court system.
the repeated failed arguement made by RIAA and the MPAA is that network effect invalidates fair use rights. But that is as stupid a statement as saying that the video invalidates free speech. Video is just another medium, the swarm is just another medium the right stays true irregardless of the medium.