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by Silhouette
2498 days ago
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It's worth pointing out in this context that the US legal concept of fair use is not universal. In fact, unusually for US IP laws, it's actually much more permissive than most other places. The more usual practice is to enumerate specific situations where copying without the copyright holder's consent is still allowed, instead of defining general tests, which is how fair use works. This has been a controversial point, because it's not clear that the US scheme is sufficient to meet its obligations under international treaties. In answer to your final question, I'm not sure whether this use of snippets in search engine results has been tested in any US courts yet, but the issue of search engines showing enough content from the sites they link to that users never actually go through to the original site is sufficiently controversial that the EU's recently passed copyright directive includes specific provisions aimed at exactly that sort of situation. |
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