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Posted by eawckyegcy on 12/05/06 18:06
J. Clarke wrote:
> Two questions, what constitutes "fair use" and at what point does the
> ubiquity of violation of a law render any attempt to enforce it "selective
> enforcement"?
You can google up "fair use" on your own. It turns out that most
applications of the law are, as PTravel as noted, "fact intensive":
essentially every single case is different. And depending on which
facts you are allowed to accept, you can come to radically different
conclusions. Consider this little piece:
http://www.ncjolt.org/content/view/41/62/
which argues that the Kelly decision came to the wrong conclusion.
Sadly, in bulk, IP law reads more like a series of special pleadings
than anything else. Money talks.
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