MESSAGE
| DATE | 2026-05-09 |
| FROM | shulie
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| SUBJECT | Re: [Hangout - NYLXS] amicus - complaint cleaned version...
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On 5/8/26 11:15 AM, Marc Randazza wrote: > I think that I should take the blame for all the confusion here. I > think I was under a mistaken impression about what New Yorkers for > Fair Use had as a mission, and I was ignorant as to its structure. > That caused some serious confusion.
I find that difficult to believe. Did you think NY Fair Use, which has a big picture of us dressed in Colonial drag from the set of the play "1776" on its front page was a group of lawyers? You had to know that the legal precedent that subsumes fair use doctrine to a secondary position under copyright grants was unacceptable. It is fundamental to this battle that has been raging since at least 1998. The public's interest can not be protected under these conditions and it renders any victory you've had in court as just a blip as it strengthens the existing legal precedents. You are tilting at windmill and anyone who would accept that Amicus, as you originally wrote it, and which you wanted us to swallow without protest or even to read it, is in my opinion, not helping the cause and certainly not acting in food faith. I am very disappointed in you, after hearing some positive things. I thought you were a man of principle. This does more than waste time. It damages the cause.
You might never have a chance that you do now to make a real impact on copyright doctrine and law. You have a supreme court with several originalist who have proven that they are willing to overturn long standing case law when it conflicts with arguments and facts under constitutional law if the case law is in direct conflict with what the constitution actually says in plain language.
You had to know we weren't going to go along with that document. It undermines our core values and endangers the public.
Tell me, please, who is this wonderful organization that was anxious to take on an Amicus that dismisses our fair use rights to the whims and abuses of copyright holders.
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