Re: License key for home network

From: Bruce Chambers (bruce_a_chambers_at_h0tmail.com)
Date: 02/01/05 

Date: Mon, 31 Jan 2005 20:58:21 -0700

kurttrail wrote:

>
> And "fair use" of copyrighted products makes sense for individuals.
>
>
>

        Don't try to pull that old trick, again. You know perfectly well that
the legal concept of "Fair Use" doesn't apply, in the case. It's not
even relevant. This matter has absolutely _nothing_ to do with "Fair
Use," a legal concept with which you are apparently completely unfamiliar.

     "Fair use is a copyright principle based on the belief that the
public is entitled to freely use *portions* of copyrighted materials for
purposes of *commentary* and *criticism*. For example, if you wish to
criticize a novelist, you should have the freedom to quote a portion of
the novelist's work without asking permission. Absent this freedom,
copyright owners could stifle any negative comments about their work."
(http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/index.html)
(Emphasis mine.)

     "Judges use four factors in resolving fair use disputes, which are
discussed in detail below. It's important to understand that these
factors are only guidelines and the courts are free to adapt them to
particular situations on a case-by-case basis. In other words, a judge
has a great deal of freedom when making a fair use determination and the
outcome in any given case can be hard to predict.

     "The four factors judges consider are:

   1.. the purpose and character of your use
   2.. the nature of the copyrighted work
   3.. the amount and substantiality of the portion taken, and
   4.. the effect of the use upon the potential market. "
(http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/9-b.html)

     Feel free to peruse the entire article, which will make it
abundantly clear that there is no way that anyone could successfully
argue that installing a second copy of an operation system onto a second
computer, without the copyright holder's express permission, for the
sole purpose of not having to buy a second license, could possibly meet
the criteria of "Fair Use."

     To read the actual law that defines "fair use:"

TITLE 17 , CHAPTER 1 , Sec. 107.
http://www4.law.cornell.edu/uscode/17/107.html 

-- 
Bruce Chambers
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