But also, given fair use (as predated the DMCA, which completely trampled fair use) the consumer's right to fair use should give them the ability to say, make an ISO file of any CD they own. Not so with fair use - I can traffic in technology that tramples the consumer's fair use right (per prior law), but not in technology that might be used to trample the copyright (per the new law).Ĭorrect. Under this clause, not only must I respect the rights of the copyright holder, so must any technology in which I traffic. The DMCA takes us out of balance by introducing the infamous anti-circumvention clause. Of course, that concept predates the DMCA. To the broader topic: That a company is not required to provide for your fair use is established law, true. That's strange, I'd argue exactly the opposite- that patents are a wrong fit, as evidenced by the LACK of fair use since software patents have been applied. If software needs a form of IP protection, copyright is the wrong fit, and fair use just makes that all the more evident. Then again, I have to wonder why we treat software as similar to music and literature by placing it under copyright scope in the first place. And of course, derivative works, for stuff that is open source to begin with. I have to wonder what use of software would fall under "fair use" guidelines.Įducational & backup copies, of course. "We recognize that copyright law guarantees that you, as a member of the public, have certain legal rights," it says, "You may copy, distribute, prepare derivative works, reproduce, introduce into an electronic retrieval system, perform, and transmit portions of this publication provided that such use constitutes 'fair use' under copyright law, or is otherwise permitted by applicable law."'" From the article: 'In contrast to copyright notices that take no account of fair use and claim control over "all accounts and descriptions" of a game, the CCIA offers a different copyright notice of its own. Now a group, backed by companies like Oracle, Microsoft, Google, Yahoo, Sun, and Red Hat, has launched a web site called Defend Fair Use that shows they are serious about making the complaint stick. That is, they were aggressively pursuing 'right' that they were not entitled to. An anonymous reader writes "The Computer & Communications Industry Association filed a complaint this month with the FTC 'alleging that professional sports leagues, Hollywood studios, and book publishers were all using copyright notices that misrepresented the law'.
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