|FROM ||Rick Moen
|SUBJECT ||Re: [Hangout of NYLXS] Fair USe
|From hangout-bounces-at-nylxs.com Fri May 12 19:05:37 2017
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Date: Fri, 12 May 2017 16:05:17 -0700
From: Rick Moen
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Subject: Re: [Hangout of NYLXS] Fair USe
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Quoting Ruben Safir (ruben-at-mrbrklyn.com):
> I liked it better when the court ruled that there was no copyright
> violation whatsoever. Instead they are now relying on a fair use
> argument about APIs and that is a moving target.
I'm sorry, but I'm unclear on what you're saying the court's reasoning
is. Can you be more specific?
Hint: The court (US Court of Appeals for the Federal Circuit) has not
spoken in the appeal in any way, because the appeal hasn't been heard,
Want to try again?
> Todays fair use is tomorrows DMCA protected right.
> A fair use ruling is a dead end over time. It is as good as losing.
You know, if you spent more time trying to make sure you understand the
world and less time editorialising about it, you'd be better equipped to
deal with complex reality. I'm reminded of an observation the late
Michael Crichton put in the mouth of one of the two main characters in
his novel _Rising Sun_:
The elevator descended rapidly. Connor leaned against the glass.
"There are many reasons to dislike the Japanese," he said, "but Graham
knows none of them." He sighed. "You know what they say about us?"
"They say Americans are too eager to make theories. They say we don't
spend enough time observing the world, and so we don't know how
things actually are.
Crichton got his lymphoma diagnosis in early 2008, which is why he's no
longer with us. (But his publisher is bringing to market yet another
Crichton novel this month, presumably his last. I am eager to see
what's there.) Early 2008 was also when my now-late friend Jay Lake,
the science fiction author, got his cancer diagnosis. It was a bad
season for cancer people, generally, and not my favourite year for a lot
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