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Date:      Thu, 13 Dec 2001 18:59:49 -0800
From:      Terry Lambert <tlambert2@mindspring.com>
To:        "Jeremy C. Reed" <reed@reedmedia.net>
Cc:        freebsd-chat@FreeBSD.ORG
Subject:   Re: Boston Globe Article (fwd)
Message-ID:  <3C196B25.5A4FE70B@mindspring.com>
References:  <Pine.LNX.4.21.0112131547130.27279-100000@pilchuck.reedmedia.net>

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"Jeremy C. Reed" wrote:
> 
> On Thu, 13 Dec 2001, Terry Lambert wrote:
> 
> > Not to take you to task, but you don't know who you are criticising
> > about the finer points of copyright law, do you?
> 
> I know you addressed that statement to someone else. But I am missing the
> point. (I guess it means you are saying that you are an authority in
> copyright law.)

No, I'm saying that a Hoover Institute Fellow, who is a published
author of at least 10 books, a large chunk of which have used
quoted material of Ronald Reagan under terms of fair use and/or
explicit permission, knows what she's doing.

[ ... ]
> Okay -- nonprofit educational purposes.
[ ... ]
> The entire article was copied.
> 
> "The greater the amount of copyrighted work used, the less likely that a
> court will characterize the use as fair. The use of an entire copyright
> work is almost never fair." (The AP Stylebook and Libel Manual, 1992.)

The entire paper was not.


> Possibly less people will read the original document. The readership will
> decline, the company will lose money, the paper cuts back writers, the
> original author loses further assignments, Boston goes into a economic
> recession, a new tax ...

Everyone who would have otherwise purchased a copy of the Boton Globe,
but didn't because of the posting, please raise their hands?

OK, now everyone who buys media of any sort any time it mentions
FreeBSD, and lets the media know it, and why, please raise their
hands (add one copy of the Boston Globe from Barnes&Noble for me
to this total).


> > I count 4 of the 6 statutorily permitted uses in her original posting.
> 
> What four?

1)	Comment
2)	News reporting
3)	Teaching
4)	Research

If you want to include the comments on the article (including mine),
you can add:

5)	Criticism


> Fair use is often hard to define.

I have an idea... why don't you ask the journalist and/or the Boston
Globe if they mind the article being quoted in the context of a
forum in which (1) the subject of the article, Jordan Hubbard, is
well known, (2) which gives international exposure to both the
reporter and the Boston Globe, which would not have otherwise have
resulted from the publication of the article in the Globe alone.

I could add to this list, but it's a dead horse.

-- Terry

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