Comments on: Google Print Commentary Round-Up http://blogs.law.harvard.edu/cmusings/2005/10/20/google-print-commentary-round-up/ by Derek Slater Fri, 05 Dec 2008 12:07:35 -0500 http://wordpress.org/?v=2.8.4 hourly 1 By: James V. DeLong http://blogs.law.harvard.edu/cmusings/2005/10/20/google-print-commentary-round-up/comment-page-1/#comment-4165 James V. DeLong Wed, 26 Oct 2005 22:12:13 +0000 http://blogs.law.harvard.edu/cmusings/2005/10/20/google-print-commentary-round-up/#comment-4165 <a></a> One point that I would emphasize is that it is important not to approach this problem too legalistically. Sure, Fair Use is codified in the Copyright Act, but it is basically four factors plus anything else a judge wants to think about, and the doctrine was originally invented by common law judges trying to think their way through the economic and cultural problems, Since the technology is presenting us with novel dilemmas, we should feel free to puzzle it out and then make the law follow. Apropos of this, I am fond of citing Terry Anderson's The Not So Wild, Wild West, which is about the creation of property rights by the people on the spot, working things out practically. Cheers.

One point that I would emphasize is that it is important not to approach this problem too legalistically. Sure, Fair Use is codified in the Copyright Act, but it is basically four factors plus anything else a judge wants to think about, and the doctrine was originally invented by common law judges trying to think their way through the economic and cultural problems,
Since the technology is presenting us with novel dilemmas, we should feel free to puzzle it out and then make the law follow. Apropos of this, I am fond of citing Terry Anderson’s The Not So Wild, Wild West, which is about the creation of property rights by the people on the spot, working things out practically.
Cheers.

]]> By: Phil http://blogs.law.harvard.edu/cmusings/2005/10/20/google-print-commentary-round-up/comment-page-1/#comment-4162 Phil Tue, 25 Oct 2005 22:16:52 +0000 http://blogs.law.harvard.edu/cmusings/2005/10/20/google-print-commentary-round-up/#comment-4162 <a></a> Thanks for posting this. I'm going to bite on how one could like the program and think it copyright infringement. Can you defend the law and say you like breaking it? Maybe not so easily. But can you say that a company is breaking the law and still enjoy the fruits of such a crime? Does anyone with a cable black-box think it's legal?

Thanks for posting this. I’m going to bite on how one could like the program and think it copyright infringement. Can you defend the law and say you like breaking it? Maybe not so easily. But can you say that a company is breaking the law and still enjoy the fruits of such a crime? Does anyone with a cable black-box think it’s legal?

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