Gideongallery:
Quote:
you notice you mentioned a right to file for damages to copyright infringement, but there is no right for violating fair use
it a one side situation which you want to make worse by giving transactional immunity based on nothing more then the claim that you "believe" your being wronged. You complain about how pirates are taking advantage of the safe harbor, do you really expect me to believe absolutely no copyright holder will take advantage of that situation.
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The reason there are no damages awarded to "fair use" users for a contents owner's allegations of copyright violation is that they NEVER OWNED THE CONTENT in question.
And, since they never owned the content in question, the value of their labors are not diminished.
If you take someone else's property without their permission (licensing), you run the risk of being accused of stealing (copyright infringement) and must bear the consequences of your actions. There is no basis here to justify a penalty upon the property owner (copyright holder) as you (the alleged violator) have free choice in making your decision to take the property (content) without permission, or not. The rules of he game are pretty clear, i.e. copyright law and fair use provisions.
On the bright side, if you are sued for infringement and win your case on a fair use basis that is very obvious and legal, you might be awarded your attorney fees by the court as the courts hate frivolous lawsuits.
Just my opinion and I'm no lawyer.
