[nzlug] "Consumer" report on linux
Matthew Poole
matt at p00le.net
Thu Jul 17 13:35:17 NZST 2008
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Bruce Kingsbury wrote:
~ > Fair use does NOT simply mean 'less than 10%'. It's quite a bit more
complex
| than that.
|
Precisely. As my IP Law lecturer put it, you might be able to get away
with copying 20% of a novel if you didn't take anything of significance,
or you might take a half-page that has something absolutely crucial and
be found to have infringed. It's subjectively tested, on the facts of
the specific case. There's not even a decent rule-of-thumb, except maybe
"it can't be something of great importance to the overall work".
And if you have a collusion to get around that kind of limitation, it's
quite certain that the courts will find infringement and throw the book.
Judges are distinctly unimpressed by people who think they're clever.
- --
Matthew Poole
"Don't use force. Get a bigger hammer."
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