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« What is this about?  
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RichMark

join:2001-05-10
Morgan Hill, CA

reply to Rhobite
Re: Are they even able to do that?

Say Hey-

Read on just a bit more... especially the phrase
==> for purposes such as criticism ==

»www4.law.cornell.edu/uscode/17/107.html

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The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

-Rich


Rhobite
Premium
join:2002-02-24
Cambridge, MA
clubs:

It may be legal to possess the software, or even distribute snippets of code under fair use. But I'm pretty sure that it's illegal to copy the entire source code, which is what happens when you download it. This is similar to the library, where it's technically illegal for you to photocopy an entire book. But in that case the library staff usually looks the other way.
--
Jimmysquid.com - I take pictures.
Forums » Microsoft Warns Code Downloaders« What is this about?  


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