[Linux-aus] Young Aussies say pirated software is OK

Jon 'maddog' Hall maddog at li.org
Mon Feb 9 12:47:07 EST 2009

>Furthermore, IANAL but as I understand it anyone who intends to avail
>themselves of the Fair Use defense in copyright law need not ask your
>permission to use "one frame or four seconds", irrespective of the
>license you chose.

Probably true, but it may differ in different jurisdictions and may also
differ in a direct copy versus a derivative, and whether it is for
private use (backup, etc.) or for public redistribution.

Finally, there are two sides to the copyright law, whether you prosecute
or not.  Just like trespassing:

Where I grew up people often posted their property with "No Trespassing"
signs.  As a kid, I often would like to go hiking or camping on their
property, but was put off by the "No Trespassing" signs.  Then one day
my father told me to just go up and ask the people if I could go on
their property.  Most said "Yes".  The reason they put up the signs were
for idiots who left closed fences open, left open fences closed,
littered the ground with trash and took pot-shots at their cows, or shot
toward their house instead of away when hunting.

These people posted their property in self-defense, because it limited
their liability from the idiots.  When you politely asked and told them
what you wanted to do, most of the time you received a friendly "sure".

Sorry that I do not want to post my video as "shoot toward the house".

Unlike trademark law, under copyright law I can prosecute or not
depending on the individual case.  Anyone who thinks that I would
prosecute a kid (or not so old kid) that made an honest effort to
increase the use of Free Software because they had "infringed" on my
video must be smoking some of type of bad weed.

But if I do not post the "sign", I have no way to prosecute those that
would damage my fields.

Jon "maddog" Hall
Executive Director           Linux International(R)
email: maddog at li.org         80 Amherst St. 
Voice: +1.603.672.4557       Amherst, N.H. 03031-3032 U.S.A.
WWW: http://www.li.org

Board Member: Uniforum Association
Board Member Emeritus: USENIX Association (2000-2006)

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