Copyrights & Campaigns: Tenenbaum: fair use factors 'just suggestions'; 'I hav... - The Diigo Meta page

• 25 Jun 09
  

  Patrick O'Keefe
  • Canadian Broadcasting Company
  • "I have never denied using Kazaa to download and upload music."
  • 7 more annotations...
  • • I honestly don't remember whether I downloaded or uploaded those seven songs, or somebody else had done it on my computer. A lot of people used that computer. If someone else was using that computer at the time, I really don't know.
    • Those four criteria are non-binding. Those are just suggestions.
    • Maybe in Professor Nesson's classroom, but not in federal court. The statute itself is quite clear that a court's consideration of the four factors isn't a mere suggestion; it's mandatory
    • And the Supreme Court agrees, noting in Campbell v. Acuff-Rose:
    • Nor may the four statutory factors be treated in isolation, one from another. All are to be explored, and the results weighed together, in light of the purposes of copyright.
    • Nesson today published a post to his blog (since apparently removed), seeking help finding "bases and data for our opinions of factors relating to whether joel’s clicks were unfair."
    • opyright owners are under no obligation to make their works available in the format potential consumers may want, at precisely the time they want. Even assuming that the labels made bad business decisions, the law does not punish their mistakes by giving people like Joel Tenenbaum the right to copy and distribute their works for free.
• 22 Jun 09
  

  Jonathan Bailey

  117 tenenbaum nesson fairuse scotus

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