Re: OMG!

["Sheldon Simms" <sheldon@interprice.com>]

Im Artikel <8oCJ6.29850$ua5.8292866@typhoon1.ba-dsg.net> schrieb "Frank
Townsend" <ftownsen@iamdigex.net>:


> Not a bad idea, but fair use virtually never works when the taking is
> substantial with respect to the whole unless the work is very brief (<
> 2,500 words).

How much of the fair use case law deals with a situation similar to the
one we're discussing? I suspect the situation is somewhat novel, and
a court would have wide discretion in making a decision.

> Also, non-commercial use does not automatically guarantee fair use.
> As to damages, actual present harm need not be shown; such a requirement
> would leave the copyright holder with no defense against predictable
> damage. Nor is it necessary to show with certainty that future harm will
> result.

I think it could be shown with a good degree of certainty that future
harm is impossible.

-- 
sheldon@semanticedge.com  "The term (denotation t) denotes the object denoted
                           by the object denoted by t." -- KIF