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- Path: sparky!uunet!cs.utexas.edu!sun-barr!news2me.ebay.sun.com!exodus.Eng.Sun.COM!appserv.Eng.Sun.COM!sun!amdahl!JUTS!news
- From: tjc50@juts.ccc.amdahl.com (Terry Carroll)
- Newsgroups: comp.sys.mac.apps
- Subject: Re: SPA piracy raid: Call for Solutions
- Keywords: piracy, SPA
- Message-ID: <eeCt027H1aNV01@JUTS.ccc.amdahl.com>
- Date: 22 Jul 92 01:46:12 GMT
- References: <7664@lee.SEAS.UCLA.EDU>
- Sender: netnews@ccc.amdahl.com
- Reply-To: tjc50@juts.ccc.amdahl.com (Terry Carroll)
- Organization: Amdahl Corporation
- Lines: 38
-
- In article <7664@lee.SEAS.UCLA.EDU>, linley@boole.seas.ucla.edu (Bruce
- Linley) writes:
-
- > Another thought to ponder... copyright laws do allow some things (like
- > articles, etc.) to be FREELY copied if it's for educational use (i.e. pro-
- > fessor copies article for class notes). Software is protected under
- > copyright
- > law (not patent). If I make a copy of MS Word to write that term paper, am I
- > breaking the law? Seems ill defined to me.
-
- It's not that simplistic. The "is it for educational use" question is only
- one of the four questions considered in determining "fair use" under
- copyright. The four factors, taken from 17 USC 107, are:
-
- 1) Is the use educational in nature? If so, then this factor favors fair
- use. If not, it favors a finding of infringement;
-
- 2) What is the nature of the copyrighted work? If factual in nature, then
- this factor favors fair use; if entertainment, then it favors a finding of
- infringement;
-
- 3) What is the amount and substantiality of the portion used, in relation to
- the copyrighted work as a whole? If only a small percentage of the work is
- used, then this factor favors fair use; if a large percentage is used, it
- favors a finding of infringement.
-
- 4) The effect of the use on the potential market for or the value of the
- work. If the market or value is not significantly reduced, this factor
- favors fair use; if the market or value is significantly reduced, it favors a
- finding of infringement. This factor has been characterized by the US
- Supreme Court as the most important of the four factors.
-
- In your example, factor #1 favors fair use, but factors 3&4 favor
- infringement. Factor 2 seems tough to apply to software, and I'm not aware
- of how it is applied, if it is.
-
- Terry Carroll
- "Then they came upon The Thing."
-