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ADMIN: Posting full articles: Judge rules reposting full article is fair use
- Thread starter Hockey
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That's what one judge said in this specific case. We'll have to see how this plays out.
OP
OP
Hockey
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Should be pretty interesting to say the least
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I've been watching the cases very closely.
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Like MMiz said, we've been following all of the cases pretty closely. That being said, regardless of what the court rulings state, our forum rules regarding Fair Use will not change to allow the posting of full articles.
18G
Paramedic
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Why would the rules not change to allow full articles if they are considered fair use???
Copyright in the world of digital media is a complex area of law but case law has set a precedent for fair use.
What sources are being used to exclude full-articles from being posted? Where is the basis coming from? Just curious.
Copyright in the world of digital media is a complex area of law but case law has set a precedent for fair use.
What sources are being used to exclude full-articles from being posted? Where is the basis coming from? Just curious.
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Because there is more to the criteria of qualifying for Fair Use than how much of the article is posted.
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As ffemt stated, it's not as easy as reading one article and saying we're good to go. Fair use is a complicated issue, and different judges have ruled differently on the issue. I can't imagine that it will be okay to copy/paste full articles, but we'll have to wait and see how that plays out in court. Until then I'd rather let others pay the legal bills.
mycrofft
Still crazy but elsewhere
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Your house, your rules!!
I'm in favor of that; whther or not a judge says it is fair use, this is a private website and I'm happy with the proprietors.
Besides, personally, I don't want to spend my time reading something someone essentially taped to the wall.
I'm in favor of that; whther or not a judge says it is fair use, this is a private website and I'm happy with the proprietors.
Besides, personally, I don't want to spend my time reading something someone essentially taped to the wall.
bstone
Forum Deputy Chief
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A federal case. Very interesting. If the judge who rules it's ok is in the same district as the EMTLife servers then the rule can probably change to allow reposting full articles.
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Can it probably change? Sure. Will it? Probably not.
Again, we'd rather be safe and not have to fight something in court, even if we would win in the end.
bstone
Forum Deputy Chief
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Chimpie, I am confused by that logic. If your federal district has case law that determines full reposting is entirely lawful then you will win any lawsuit. Yes, you will have to defend against it, but you would win. But saying that you wouldn't take a lawful action for fear of litigation (and the associated cost) it confusing as you can be sued for even breathing. Of course you would win for breathing but you would have to defend against it.
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Yes, we would have to defend against it, and there is a cost to do that. We have rules in place to protect us and we will continue to have those rules in place until we no longer wish to do so.
bstone
Forum Deputy Chief
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Yes, but my point is that you can be sued regardless of merit and will still have to defend against it. Someone can sue you for breathing and you'll have to spend money to defend against it, despite how legal you were acting.
This particular case deals with a unique and aggressive business plan by a Nevada newspaper publisher and attorney group.
This group has shut down dozens of websites and generated income for both the publisher and attorneys.
While most extreme, there are others out there using the same business model.
There are 94 judicial districts divided into 12 regional circuits.
If you look at the decades long issue with the Fair Labor Standards Act, even after a massive change in the Department of Labor regulations, there are dozens of active lawsuits covering overtime pay for municipal employees.
The existing Fair Use policy is the most prudent.
Mike
This group has shut down dozens of websites and generated income for both the publisher and attorneys.
While most extreme, there are others out there using the same business model.
There are 94 judicial districts divided into 12 regional circuits.
If you look at the decades long issue with the Fair Labor Standards Act, even after a massive change in the Department of Labor regulations, there are dozens of active lawsuits covering overtime pay for municipal employees.
The existing Fair Use policy is the most prudent.
Mike
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bstone, I'll agree with your point again, yes, but we would have to defend against it.
While a judge has ruled in favor in this situation it doesn't mean that this case could be overturned in the future . I'll repeat myself again: We have rules in place to protect us and we will continue to have those rules in place until we no longer wish to do so.
If you have any further concerns of this matter please feel free to PM me.
While a judge has ruled in favor in this situation it doesn't mean that this case could be overturned in the future . I'll repeat myself again: We have rules in place to protect us and we will continue to have those rules in place until we no longer wish to do so.
If you have any further concerns of this matter please feel free to PM me.
firetender
Community Leader Emeritus
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Practical considerations:
this
besides legal pressures, which always seek the lowest common denominator and the most vulnerable, it makes sense to have our posters work just a little harder so we, the CL's don't have to.
Each article posted in its entirety would have to be reviewed to make sure it is accurately quoted, nothing missing, and nothing misleading added.
this
besides legal pressures, which always seek the lowest common denominator and the most vulnerable, it makes sense to have our posters work just a little harder so we, the CL's don't have to.
Each article posted in its entirety would have to be reviewed to make sure it is accurately quoted, nothing missing, and nothing misleading added.
OP
OP
Hockey
Quackers
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You technically can be sued for just sharing a link.