On 11/14/2012 11:28 AM, Andrew Thule wrote:
Jerry, with respect to Copyright law 'derivative' work is permitted as
fair use. This has been the problem with this whole thread, people
are willing to recognize the module as dervative work but refuse to
believe the law permits derivative work as 'legal'. (I've posted the
links to both US and Canadian Copyright law so you can check yourself)
Your attempts to paint my responses as yes/no black/white twist what I
am saying.
I say,
some derivative works are fair use,
some derivative works are not fair use,
some derivative works that are not fair use are legal,
some derivative works that are not fair use are not legal.
title 17, Chapter 1, § 107 says, "the fair use of a copyrighted work,
... for purposes such as criticism, ..., is not an infringement of
copyright,"
title 17, Chapter 1, § 107 does not say, "the use of a copyrighted
work, ... for purposes such as criticism, ..., is a fair use."
(Replace "criticism" in the last two lines with any of the uses from the
following "..." phrase.)
You seem to be saying,
all derivative works are fair use,
all derivative works are legal,
title 17, Chapter 1, § 107 says, "the use of a copyrighted work, ...
for purposes such as criticism, ..., is a fair use."
Those three statements are all false. As are the negatives of those
statements:
no derivative works are fair use,
no derivative works are legal,
title 17, Chapter 1, § 107 says, "the use of a copyrighted work, ...
for purposes such as criticism, ..., is not a fair use."
If you reduce what I am saying to any of those three you misrepresent
what is being said to you.
What reasonable discussion is there when people refuse to believe the Law?
Not worthy in this context for comment.
Under the law, if a work qualifies as dervative work it is legal.
~A
Some works that qualify as derivative works are legal.
Some works that qualify as derivative works are not legal.
Jerry
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