[LUAU] Re: dangers to (Software) Freedom

Jim Thompson jim at netgate.com
Mon Aug 27 04:12:49 PDT 2007


On Aug 26, 2007, at 5:21 PM, Angela Kahealani wrote:

> On Sunday, 2007-08-26 13:47:02 808blogger wrote:
>> uh oh? did I just violate your "copyright" by re quoting this drivel
>> in my response? uh oh.....and that would be copyright under what
>> government again????
>
> I believe that you have practiced "fair use" of copyrighted material.

808blogger's use is likely fair use, given that it is comment and  
critique.

Likely that the archive of LUAUis not.

> BTW, US statutes lately interpret copyright that EVERY work is  
> instantly
> copyrighted when created, even without a copyright notice. Mine is
> explicit rather than implicit.

So what purpose does your notice serve?   It can only be hostile.

http://www.copyright.gov/circs/circ1.html#noc
Use of the notice may be important because it informs the public that  
the work is protected by copyright, identifies the copyright owner,  
and shows the year of first publication. Furthermore, in the event  
that a work is infringed, if a proper notice of copyright appears on  
the published copy or copies to which a defendant in a copyright  
infringement suit had access, then no weight shall be given to such a  
defendant’s interposition of a defense based on innocent infringement  
in mitigation of actual or statutory damages, except as provided in  
section 504(c)(2) of the copyright law. Innocent infringement occurs  
when the infringer did not realize that the work was protected.





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