RE: copyright quotes

["Quantum_Cat" <anonymous@cotse.com>]

Hiya, Kelli

 *>"Quantum_Cat" <anonymous@cotse.com> wrote:

 *><snip>

Tisk... You lopped the important stuff.. let me retrieve 
it:

" for purposes such as criticism, comment, news 
reporting, teaching (including multiple copies for 
classroom use), scholarship, or research, is not an 
infringement of copyright."

These are the initial criteria for determining fair use, 
Kelli.

 *>>(4) the effect of the use upon the potential market 
for or
 *>>value
 *>>of the copyrighted work.

These are the secondary criteria.  If the first are met, 
then these are used to determine fair use.

 *><snip>

 *>>And as you can see, downloading Dig Dug doesn't fall 
under
 *>>any of the stipulations.
 *>>
 *>>We've been this way before, Louis, and slammed the 
door in
 *>>the Turlettes faces over the matter of "fair use".

 *>Oh, so what you're saying is that the downloading of 
Dig Dug has
 *>an appreciable "effect on the potential market for of 
value of
 *>the copyrighted work"? Cool. I had no idea that there 
was still
 *>a market for A2 Dig Dug.

No... I'm saying that this isn't fair use because it 
doesn't fall under "criticism, comment, news reporting, 
teaching, scholarship, or research".  I hope that 
clarified it for you.  ;)

 *>If there's still a market for it, then why aren't the 
software
 *>companies still selling it instead of ignoring it and 
letting it
 *>molder in storage, if in fact they even have a 
readable copy at
 *>all?

Gee.. look to the used market, Kelli...  If you WTB, you 
will find it.  ;)

 *>No, I'm not saying it *is* fair use; just pointing 
out that it
 *>is possible to argue that abandonware may meet at 
least one of
 *>the criteria for *consideration* as fair use.

No, it didn't.  ;)

Vogons For a Turlette Free Apple II Community!

Quantum_Cat