Subject: RE: Fair use conclusion?

From: [email-masked]
Date: Sat, 12 Nov 2005 22:55:09 -0500

Don,

> > As a temporary means of making progress, if Simon is willing to
> > temporarily withdraw his insistence that we support educational
> > usage, we can temporarily avoid the "fair use" quagmire.
> 
> The primary issue is that fair use rights aren't universal, nor are
> they consistent throughout all jurisdictions. An ideal license
> wouldn't require interpretation under the laws of a specific
> jurisdiction in order to grant the rights necessary to exercise
> whatever rights the WG decides are important. [Whether we can reach an
> ideal license or not in the first steps is another question, however,
> and I have no real opinion on that yet.] 

This is the first step into the "fair use" for education quagmire
that I want to avoid.  It is possible to make "fair use" rights
universal by naming the jurisdiction whose definition of "fair use"
right are explicitly granted in the license (e.g., specify that "fair
use" rights as defined by US copyright law are explicitly granted
worldwide), and we can agree to disagree on whether that's "ideal".

This adds the even worse quagmire of international legal jurisdiction
issues to the "fair use" quagmire ... I hope it's starting to become
clear why I want to avoid this whole area by temporarily taking
educational usage off the table ;-).  As I said earlier, I don't
want to rely on "fair use" rights for source code, but they're
unavoidable for educational usage ... so, my request to Simon to
temporarily take educational usage off the table still stands ...

Thanks,
--David
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David L. Black, Senior Technologist
EMC Corporation, 176 South St., Hopkinton, MA  01748
+1 (508) 293-7953             FAX: +1 (508) 293-7786
[email-masked]        Mobile: +1 (978) 394-7754
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