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To: IceShark who wrote (8056)10/8/1998 10:08:00 AM
From: Ilaine  Read Replies (2) | Respond to of 86076
 
Hi Iceshark,

Not sure how much one can quote of an out-of-date archived magazine article to constitute "fair use," or whatever the term of art is, but I think it is plain that I intended the quotations, albeit lengthy, for scholarly purposes, not personal gain.

And no, I don't mind admitting, that despite the fact that I am a lawyer that doesn't mean I know copyright law, nor securities law, nor telecommunications law, nor patent law, nor the niceties of federal criminal law, nor a staggering amount of other things that other lawyers may know. There are a lot of laws, and the legislatures and courts keep making new ones every day.

I do, however, know how to find the laws that apply to a situation, how to put them into context, how to apply them, and how to distinguish them.

Re: market moves - - I wonder how much Japanese citizens had invested in our market, in the much-touted "flight to quality" to the big names like Microsoft and Dell this summer, and whether the slide of the dollar against the yen has anything to do with the decline of said big names. Same for Europe. On the other hand, I just took a look at the DAX, it's hemorrhaging. Wonder where the money is going. Hmm, where have I heard that before?

CobaltBlue



To: IceShark who wrote (8056)10/8/1998 11:55:00 AM
From: Ilaine  Read Replies (1) | Respond to of 86076
 
Dang it, Iceshark, now you tell me.

You got me all nervous and everything, talk about hormonal mood swings. I just logged back on after diligently researching law of "fair use" of copyrighted material on the web. Well, I'll post it anyway, maybe useful to someone someday.

At least it kept me from buying more beaten up stocks.

Yours,

CobaltBlue

law.cornell.edu is the applicable law, reproduced infra: (not copyrighted)

interesting commentary at

palimpsest.stanford.edu

§ 107. Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.