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

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

Rick

Your metaphor doesn't' work because it isn't a house. You have leased
rented or in the case of a DVD or CD sold me an item that I have a right
to use.  Chuck

-----Original Message-----
From: Rick Anderson
To: liblicense-l@lists.yale.edu; 'Michael Spinella'; Hamaker, Chuck
Sent: 5/28/02 5:05 PM
Subject: RE: Clarification (RE: "Fair Use" Is Getting Unfair Treatment)

> Yes, my argument is that the use of the material should be the basis for
> action, not the fact that I've used a different can-opener than the
> producer wants me to use, to get to the content.

So Chuck, if I understand your argument, you're saying that it should be
okay for me to pick the lock on your front door and enter your house
without your permission, as long as I don't steal or break anything while
I'm inside.  After all, my behavior once inside the house should be the
basis for legal action, not the fact that I used unconventional means to
get inside.  Is that correct?  If not, then please explain why the analogy
doesn't work.

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