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Strategies & Market Trends : MDA - Market Direction Analysis

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Nov 28 4:00 PM EST

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To: Elroy Jetson who wrote (2322)	12/19/1998 5:14:00 PM
From: Kip518	Read Replies (1) of 99985

As much as I appreciate the posting of Favors' reports on this thread, I think it is clearly a case of copyright infringement. This is not a situation of fair use for critique or educational purposes. It is published (I presume) without the author's permission and, while the poster does not profit from the distribution, it, in theory, deprives Favors of revenue from potential subscribers (#4 below). Factors set out in the Copyright Act and used by courts to determine whether a given use is fair use or copyright infringement are: (1) the purpose and character of the use, including whether the use is for commercial or nonprofit purposes, (2) the nature of the copyrighted work, (3) the amount or proportion of the original work that is used, and (4) the effect of the use on the "potential market for or value of the copyrighted work. .... the display of a copy of a work on a computer screen without the copyright owner's permission is a violation of the owner's exclusive right to display his or her work. Thus, the unauthorized posting (or uploading) of a copyrighted work on the information superhighway involves both making a copy and displaying a copy of the work, and is an infringement. uophx.edu

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