tag:blogger.com,1999:blog-2182962435875556601.post2250835670362428140..comments2023-09-24T08:04:06.909-04:00Comments on FSK's Guide to Reality: Righthaven vs. Charles Johnson (RadGeek)FSKhttp://www.blogger.com/profile/11903396202330950362noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-2182962435875556601.post-57993113730228802212010-09-13T18:23:37.176-04:002010-09-13T18:23:37.176-04:00The AP used to have a "4 lines is fair use&qu...The AP used to have a "4 lines is fair use" policy. However, that isn't an explicit law. Many people confuse the AP policy with what the law actually says.<br /><br />There's no exact legal standard of "fair use". A newspaper article is not a "literary work" in the same sense that a novel is a "literary work".FSKhttps://www.blogger.com/profile/11903396202330950362noreply@blogger.comtag:blogger.com,1999:blog-2182962435875556601.post-68979583691473994082010-09-13T00:12:17.408-04:002010-09-13T00:12:17.408-04:00"There is a word limit on fair use and it'..."There is a word limit on fair use and it's beyond that limit. "<br /><br />If you mean in the US, that's an urban myth, US copyright law has no specific word limit, it instead mentions that "amount and substantiality" used relative to the whole.<br /><br />Nor does case law have a limit. Courts have held that reviewers and critics can cite substantially large amounts of the original, but not the whole original. See the ruling in the famous Folsom v. Marsh case for example.Scottnoreply@blogger.comtag:blogger.com,1999:blog-2182962435875556601.post-52177334483363024652010-09-12T14:02:11.138-04:002010-09-12T14:02:11.138-04:00The legal profession should be viewed as a crimina...The legal profession should be viewed as a criminal racket.<br /><br />They pad out letters full of demands and threats that will never reach a court. At the very least the threats and over-the-top demands will have to be read by an opposing lawyer, who will charge the victim according to how much time he has to spend reading the threat letter.<br /><br />So at the very least another lawyer will make money out of the long list of threats and demands.<br /><br />If enough lawyers do this, all lawyers benefit by bogus lawsuit threats.<br /><br />The legal system profits by being slow and inefficient.<br /><br />In the UK, in one libel case a Member of Parliament said it took 2 years and 200, 000 UK pounds just for lawyers to work out the meaning of a few works!<br /><br />Quite frankly the legal profession will grow until the number of its victims becomes limiting.<br /><br />The legal profession is only "regulated" by the legal profession. Reform is as such impossible.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2182962435875556601.post-91184524589975041192010-09-12T11:13:06.526-04:002010-09-12T11:13:06.526-04:00Actually, there's no exact legal definition of...Actually, there's no exact legal definition of fair use. Lawyers made sure that the law was vague, to encourage frivolous lawsuits.<br /><br />Fair use is an "affirmative defense". The burden of proof is on the victim, to prove that the use was fair. You still have to spend time and/or money defending yourself, which is the whole point of filing a frivolous lawsuit.<br /><br />In this specific example, actual damages are negligible. The plaintiffs have the legal right to sue, but that doesn't make it acceptable in cases where actual damages are negligible.FSKhttps://www.blogger.com/profile/11903396202330950362noreply@blogger.comtag:blogger.com,1999:blog-2182962435875556601.post-23504339538855446042010-09-12T10:17:24.616-04:002010-09-12T10:17:24.616-04:00There is a word limit on fair use and it's bey...There is a word limit on fair use and it's beyond that limit. So he might have a problem.<br /><br />Default judgments can be re-recorded for many years. In Florida it was 20. That means he would have to worry about wage garnishments or liens on his property for a very long time.BroadSnarkhttp://www.broadsnark.comnoreply@blogger.comtag:blogger.com,1999:blog-2182962435875556601.post-65360464082687693492010-09-11T15:02:28.910-04:002010-09-11T15:02:28.910-04:00Looking at that post, he puts the excerpt in quote...Looking at that post, he puts the excerpt in quotes and identifies it as an excerpt, so it's not plagiarism.<br /><br />He then goes line by line debunking it, so this is CLEARLY journalistic fair use and not a copyright violation, and any sane court (if they exist) will find that to be true.<br /><br />After he has spent 20 million defending himself against this SLAP suit.Scottnoreply@blogger.com