Comment by withinboredom
3 years ago
There's no such thing as fair use until you get to court (as a legal defense). Then, the court decides whether it is fair use or not. They may or may not agree with you. Only a court can determine what constitutes fair use (at least in the US).
So, if you are doing something and asserting "fair use," you are literally asking for someone to challenge you and prove it is not fair use.
> There's no such thing as fair use until you get to court (as a legal defense)
Well the point is that it wouldn't go to court, as it would be completely legal.
So yes, if nobody sues you, then you are completely in the clear and aren't in trouble.
Thats what people mean by fair use. They mean that nobody is going to sue you, because the other person would lose the lawsuit, therefore your actions are safe and legal.
> you are literally asking for someone to challenge you and prove it is not fair use.
No, instead of that, the most likely circumstance is that nobody sues you, and you aren't in trouble at all, and therefore you did nothing wrong and are safe.
> as it would be completely legal.
Theft is never legal; that's why you can be sued. "Fair use" is a legal defense in the theft of copyrighted works.
> They mean that nobody is going to sue you, because the other person would lose the lawsuit
That hasn't stopped people from suing anyone ever. If they want to sue you, they'll sue you.
> and therefore you did nothing wrong and are safe.
If you steal a pen from a store, it's still theft even if nobody catches you; or cares.
> Theft is never legal; that's why you can be sued.
That's incorrect. You can be sued for anything. If it is theft or something else or nothing is decided by the courts.
1 reply →
> If you steal a pen from a store
Fortunately I am not talking about someone illegally taking property from someone else.
Instead I am talking about people taking completely legal actions that are protected by law.
> in the theft of copyrighted works
Actually, it wouldn't be theft if it was done in fair use. Instead it would be completely legal.
If nobody sues you and proves that it was illegal then you are completely safe, if you did this in fair use.
3 replies →