RE: Clarification (RE: "Fair Use" Is Getting Unfair Treatment)

["Hamaker, Chuck" <cahamake@email.uncc.edu>]

Rick Anderson says:"The legal guidelines for fair use are the same whether
I want to make copies from a book in my possession or from a database to
which I have leased access" I think this is not true.

If the database owner has taken technological steps to restrict me from
fair use actions, then it is illegal to circumvent those technological
protections in order to make fair use of the content of the database. IT
is illegal to circumvent adobe's security even if the use I want to make
of the content is legal. That is what the DMCA does, removes the test of
fair use from the equation.

Chuck

-----Original Message-----
From: Rick Anderson [mailto:rickand@unr.edu]
Sent: Wednesday, May 22, 2002 11:38 PM
To: liblicense-l@lists.yale.edu
Subject: RE: Clarification (RE: "Fair Use" Is Getting Unfair Treatment)

> While one does not
> 'own' intellectual property, ownership of the 'container' certainly (at
> least at this point in time) grants many more freedoms than leasing the
> access medium does.

More practical freedoms, yes, but not more legal freedoms.  The legal
guidelines for fair use are the same whether I want to make copies from a
book in my possession or from a database to which I have leased access.
(License agreements may restrict me further than that, of course, which is
why I must read them carefully and negotiate where appropriate.)

-------------
Rick Anderson
rickand@unr.edu