RE: Music companys to pay up

[CAMPBELL <CAMPBELL@aucegypt.edu>]

Hmmm.  The "clean hands" doctrine, even if it still exists which is
sometimes doubtful, doesn't really apply to this example.  It means that
someone who is not free of guilt in a "particular matter" may not seek
judicial relief in THAT particular matter.

Fair use is a matter of statute, not equity, and the ethical standards of
a particular vendor really don't come into it.

Remember, law is not about being ethical, it's about being law.

>===== Original Message From liblicense-l@lists.yale.edu =====

>Although not a lawyer (I seem to be saying this pretty often) I was of the
>impression that when one accused others of not honoring their obligations
>one was expected to come into the case with "clean hands." Another way of
>putting it, is that the courts will not settle arguments among the members
>of a band of thieves.
>
>To come a little closer to home, if publishers do not respect the
>copyrights of their authors (Tasini), they have a somewhat weaker
>position, certainly morally and perhaps legally, against those who do not
>honor their own.
>
>It might be reasonable to interpet fair use a little differently when
>dealing with the products of a clearly unethical vendor. One must not
>steal their property, but fair use is a matter of equity involving the
>balancing of the different parties rights.
>
>David Goodman
>Research Librarian and
>Biological Sciences Bibliographer
>Princeton University Library
>dgoodman@princeton.edu            609-258-7785