Re: Windows XP Copyright Issues

From: Bruce Chambers (bruce_a_chambers_at_h0tmail.com)
Date: 09/02/04


Date: Wed, 1 Sep 2004 20:08:16 -0600

Greetings --

    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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"Tom" <tom@centralca.dontspamme.com> wrote in message 
news:422601c49035$7a551800$a501280a@phx.gbl...
> Yeah, that's so practical Mr Rajesh. Ever hear of fair
> use?
>


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