Media giants start whisper campaign to kill Fair Use


11 Responses to “Media giants start whisper campaign to kill Fair Use”

  1. CopyrightMe says:

    Someone writes a book called “Boing Boing” and uses the contents of this site for material without compensating you. How do you respond?

  2. acb says:

    I don’t think this is about eliminating fair use in America (though the MAFIAA undoubtedly get hard-ons thinking about the possibility), but rather about ensuring that countries that have been forced to adopt DMCA-style laws by the WIPO treaty and are now looking at adopting fair-use-like doctrines to counterbalance them don’t do so.

  3. n0wak says:

    And what part of that, fair troll, would be considered “fair use”?

  4. Cory Doctorow says:

    @3: Someone posts a ridiculous loaded hypothetical that’s totally unrelated to the post: what do you do? Dismiss the hypothetical and ignore the straw-man

  5. Takuan says:

    (post lost to sign-in/wrong text message)

    Suppose the bad guys win. Utterly. What scenarios ensue?

  6. bzishi says:

    @6: Fair use was encoded by Congress based on a finding in a federal court in Folsom v. Marsh. This finding based fair use on common law. Congress is free to change the law at will, but the case would likely then again move through the court system. I think it would be difficult for fair use opponents to ward off the First Amendment arguments, especially at the Supreme Court level.

  7. jflawton says:

    This is typically outrageous misinformation by the major media corporations lobbying groups. The Berne Convention is a declaration of human rights. It is to protect people from, among other things, slavery. Thank God it can’t be changed easily!

    Copyright, at least in the rest of the world, is a human right. It’s about artists being rewarded for their contribution to society. The Berne Convention said that artists cannot have their ideas and creations stolen from them by publishers. Of course, in the USA, copyright has been turned on it’s head and is about protecting corporations who steal artists rights.

    Is the US in violation of the Berne Convention? Damn straight it is. Because US law allows corporations to steal copyright from creators (particularly in audio/visual media). But don’t expect the lawyers for the big corporations to talk about that. (For more information go to:

    Fair use is also a human right. There is nothing in the Berne Convention against it. This is like a magician waving one hand to distract you from what the other is doing. I wouldn’t be surprised if half the purpose of this whispering campaign is to try to convince people that the Berne Convention is somehow a bad thing. There is a reason the US didn’t sign it until the late 1980’s (long after just about every other democracy and modern government had). They didn’t, and still don’t, want artists to have any rights. And they are willing to lie, cheat and steal to make sure that doesn’t happen.

  8. Scraps says:

    Killing fair use would be the most effective measure I can think of for the media conglomerates to destroy what’s left of Americans’ respect for the concept of copyright.

  9. sleze says:

    Sounds like Orren Boyle wants to get rid of Reardon Metal by any means necessary.

  10. pauldrye says:

    the US will be forced by a trade court to eliminate it in favor of something far more restrictive

    Well, no worries then. As the Antiguan gambling and Canadian softwood lumber cases have shown, then US eliminates treaty-banned practices by doing nothing then saying they’ve moved into line.

  11. pauldrye says:

    Grrr. “The” not “then”.

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