Raj Shekhar wrote: > I will give you an example. You buy a K.L.Saigal song from iTunes. It > is a very rare song, very difficult to find in MP3 format. You play > it on your PC and then after a few days you have this unexplained > urge to play it in the Samsung Yepp (a sleek,portable mp3 player ) > that you have. However you notice that the song cannot be played in > Yepp as it does not support the Apple AAC format. No problem, here is > what you can do - > > - buy an iPod (really you must have some serious money in your pocket) > > - Go to Kaaza, search for fairplay.tar.gz, download it,compile it and > rip the AAC format to mp3 , download the song to Yepp and live happily > ever after. > > Moral of the story: Using a contrived story, you can prove anything > :-) Seriously, is my story far fetched ? Is it not an example of > fair use?
No. It is not. If you are using "fair use" as "the Doctrine of Fair Use", in copyright law, this is not fair use. The Doctrine of Fair Use is a very, very, narrow one, and primarily applies to quotation for research or as an example. In the US, the "four test rule" is often quoted, and one of the tests is that a small part of the work should have been copied. In India, please see section 52 of the Indian Copyright, 1957, which covers "Fair Use". I would love to see where converting the song from AAC to MP3 would fit in. Really. Let me know if you want a URL. Please, folks, we jump on people who post technical questions without googling. Why not google before one discusses the law? -- Sanjeev _______________________________________________ ilugd mailinglist -- [EMAIL PROTECTED] http://frodo.hserus.net/mailman/listinfo/ilugd Archives at: http://news.gmane.org/gmane.user-groups.linux.delhi http://www.mail-archive.com/[EMAIL PROTECTED]/
