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by dredmorbius
2489 days ago
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There are numerous exceptions to the exclusive right to copy works of authorship, of which Fair Use is only one case, actually an "affirmative defence" (that is: not a preclusion to civil or criminal proceedings, but a defence which may be presented), based on a four-part test. There are additional excemptions, including copying which is required in the normal use of software, and possibly other information, on electronic systems. Whether copying to a malware-scanning service may or may not be included in that, though it would seem a fair argument that it should be (transformative, doesn't impact market, does affect the whole work, purpose is constructive and not otherwise served, context is specific to the nature of the work). |
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