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July 26, 2004
On Fair Use and Politics
Food for thought on the relationship between digital copyright and a functioning democracy:
Seth Finkelstein, arguing that the Induce Act (PDF) is to the Betamax doctrine as the DMCA is to fair use: "The Induce Act may preserve the 'substantial non-infringing use' standard of _Sony_, in the same way the DMCA preserved fair use: only as a very abstract theory, not in practice."
Dr. Karl-Friedrich Lenz, on reactions by Fox News President Roger Ailes and the New York Post to OutFoxed: "If you allow people to use news in a critical film, the journalists concerned will face the risk of criticism. Which is exactly what the right of fair use is there for.
If you can't live with the idea that people might criticise your work, you have no business to be a journalist in the first place. And if you try to abuse copyright to silence criticism, you deserve to be laughed out of court."
Korea Times article reminding us that not everyone has our conception of "fair use" to lose: "The court said in the ruling that everyone has the right to express their opinions by creating works, including parody works, but Shin's work passed a limit and tried to influence politics."
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