djpretzel Posted June 24, 2011 Report Share Posted June 24, 2011 Yeah, you missed something. We agreed that Fair Use is a nice concept, but you said it's a necessary concept, and that it's nuance is part of it's strength. I explained that it's not necessary at all, that in fact it makes copyright law as a whole worse, and that it's nuance is what causes all of it's problems. In the absence of Fair Use, any criticism, satire, parody, or educational utilization of ANY copyrighted material would be de facto infringement. Modern discourse would be severely crippled. If that's the type of clarity you want, you're welcome to it; sounds pretty crap to me. Yay for thinking things through to their logical outcome? Since you proposed no viable alternative, that's the implication. This argument of, "In order for it to be protective, you need to go to court" is bullshit, and not how laws should work. I don't have to go to court to know if I'm speeding or not, and I shouldn't have to go to court to know whether I'm infringing on copyright or not. It's protective without going to court. It's protecting us right now. Can you feel the warm tingle in your pants? That's Fair Use. It protects every single Wikipedia article you see with an image that falls under Fair Use. It's not really that a court case is required for it to be protective - we enjoy its protections every day, we take it for granted - it's just in order for it to be protective AGAINST LAWSUITS, yes, a court case is required. That's how the judicial system works. Your example about speeding tickets is actually factually incorrect, depending on the nature of the speeding it's either an infraction, in which case you don't need to go to court, or a violation, in which case you do. I think you're also way off the mark in that most copyright lawsuits are CIVIL matters, NOT criminal, and thus either take place in civil hearings or are settled, as in this case. It's not "The People vs. Dude Who Copied Kind of Blue Cover", it's between private parties, and so the type of elegant, speeding ticket simplicity you're so wanting & craving is more or less a pipe dream. Listen.... do some reading. You're not awful at reasoning, but... read the above paragraph I just wrote like, five times over. Let it sink in. Marinate in its corrections. Do some basic Googling and what not. Due diligence. Quote Link to comment Share on other sites More sharing options...
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