| To: D. Hugh Redelmeier <hugh@mimosa.com>, GTALUG Talk <talk@gtalug.org> | From: Russell Reiter via talk <talk@gtalug.org> | On Tuesday, 6 April 2021, D. Hugh Redelmeier via talk <talk@gtalug.org> | wrote: | Quite so. In Oracles case I believe the issues of patent were tossed right | away leaving only the issue of copyright I said so in the first message on this thread. But you brought up drugs, so off we go on a different tangent. | > There are a few tests for US Fair Use. Do you think that | > "transformative" is the same as you meant by "adds value"? | > | > <https://en.wikipedia.org/wiki/Transformation_(law)> | | I believe the article indicates in this case and most likely for those | similar to it, the test is twofold. The issue of the facts is for the jury | to decide, the issue of law is for the judge. There are issues of fact and issues of law. That is a potential in any legal case. In tests for US fair use, there are four major factors, with sub-parts <https://en.wikipedia.org/wiki/Fair_use#U.S._fair_use_factors> | I believe that for educational purposes a school may copy the entire text | of a play for the drama department, which the students may then use for | their schools production. I don't think that that is the case. I think that it is wishful thinking. But I might be wrong. In Canada, there is special fund paid to copyright holders as compensation for certain kinds of educational use. I think that it is organized by Access Copyright (but I could be confused) <https://www.accesscopyright.ca/> | This might be why this case took ten years to settle. There were quite a | number of equitable factors to be considered. Appeal after appeal and then a retrial and more appeals seems a more likely reason for delay. | There is the concept in natural law that just because you have an idea, | that doesn't necessarily make it only your own. "Intellectual Property" is an invention of mankind. It is not natural law.