On 10/24/2010 09:31 PM, marc garrett wrote: > > > I have many questions about free culture. Is it simply a rebranding of > > "freedom of speech"? Is the American constitutional legal idea of > > "protected versus commercial speech" a useful one? What is the economic > > impact on authors of translations and artists of prints of high quality > > website images under free licences? How do we get to and the economic > > organization that I agree with every critic of Free Culture is still > > sorely lacking but *without* trying to break it? Is copyleft an > > over-reaction to the need for Fair Use? > > Most of these questions you put forward seem to need actual examples to > give them context, so that we can compare ideas, where defintions or > suggestions can be used, explored practically.
Yes I was more listing them to demonstrate that I do have them. I do enjoy discussing this stuff but I don't want to bore the list. :-) > >Is copyleft an over-reaction to the need for Fair Use? > > I may be wrong here, but I thought Fair Use was only recognised legally > within the United Sates. Which is probably another reason why copyleft > has been more widely taken on, because it is less bound by a single > nation's state-law, and due to the distributable advantage and use of > the Internet. You are absolutely right that Fair Use is now mostly an American thing, although a couple of other countries do have it. The Gowers Report recommended some fair use-like exceptions to be added to the UK's anaemic "Fair Dealing" provisions but the government ignored that. :-( Fair Use, particularly "Transformative Fair Use" (which Negativland have spoken eloquently in defence of), is *an* ideal for freedom of expression, even if we need alternative licences outside of the US to get it. Copyleft licences, like the GPL and BY-SA, go further than Transformative Fair Use but remove most of the uncertainty that can see Fair Use often lead to the courts. I personally prefer copyleft but enough people don't that I'm asking whether I am right to, and whether Fair Use (however achieved) would be enough. :-) - Rob. _______________________________________________ NetBehaviour mailing list [email protected] http://www.netbehaviour.org/mailman/listinfo/netbehaviour
