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04 Apr 09

Harvard P2P lawyer: file-swapping is fair use—no, really! - Ars Technica

  • This week, Professor Nesson published to his blog a batch of private e-mail correspondence about his strategy in the case. In the e-mails, he lays out his plan of attack. "Fair use" is not so much "defined" in US copyright law as it "bounded" by a set of four questions that can be applied to any particular use of copyrighted material to see if the use is allowed without permission. The questions ask whether the new use is "transformative," whether it uses a part of the original work or the whole thing, what the effect of the use is on the future market for the original, and what sort of work the original piece was (published or unpublished? factual biography or fictional novel?).
  • In the attempt to codify this notion of "fairness" into a principle, Nesson comes up with this: "Seems to me to be an understandable principle that it's okay to consume and share nonrivalrous good which are available on the net for free."
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