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by stale2002 887 days ago
> If you steal a pen from a store

Fortunately I am not talking about someone illegally taking property from someone else.

Instead I am talking about people taking completely legal actions that are protected by law.

> in the theft of copyrighted works

Actually, it wouldn't be theft if it was done in fair use. Instead it would be completely legal.

If nobody sues you and proves that it was illegal then you are completely safe, if you did this in fair use.

1 comments

Did you read anything I wrote? If you are going to argue, it would be worth at least researching your opinion before writing. Caps used for emphasis, not yelling.

Firstly: Copyrighted work IS THE AUTHOR'S PROPERTY. They can control it however they wish via LICENSING.

Secondly: You don't have any "fair use rights" ... there is literally NO SUCH THING. "fair use" is simply a valid legal defense WHEN YOU STEAL SOMEONE'S WORK WITHOUT THEIR PERMISSION.

>control it however they wish

I'm jumping in the middle here, but this isn't true. They cannot control how they wish. They can only control under the limits of copyright law.

Copyright law does not extend to limiting how someone may or may not be inspired by the work. Copyright protects expression, and never ideas, procedures, methods, systems, processes, concepts, principles, or discoveries.

> They can control it however they wish via LICENSING.

This isn't true though. There are lots of circumstances where someone can completely ignore the licensing and it is both completely legal, and the author isn't going to take anyone to court over it.