Quote:
Originally Posted by Cherry7
WRONG on every count.
She is Polish, she had been given it by a friend and didn't know the music. I had been ripped off CDs and copied many many times.
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so she was someone who could never have been a customer of the record company and therefore there is no possible lost sale at all
Quote:
In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include ?
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work
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1. purpose for the protected free speech expression you should check out these band you would never have heard off if i didn't give you the mp3 to listen too.
2. inferior copy of the original cd
3. individual songs from the cd
4. zero dollar of damage because as you clearly stated she could not /would not have discovered it from any of the paid for mediums.
it an insanely unlikely situation, i would suspect your lying or misrepresenting the level of isolation to fabricate an argument
but doing so establishes the fair use nature of her actions.