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Re: Fair Use Assumptions

>1.  If the license language says that copying or downloading is not
>permitted then I believe that is precisely what the licensor intends.  We
>will not sign without changing the language.  One could say that such a
>license is invalid because it is illegal not to permit fair use, but I
>believe one would be wrong to say that.  A license trumps copyright law.

Not quite. Copyright law, being federal (in the US), supercedes contract
law, which is state. You would need another federal law to trump copyright.
Changing the language in the license is still a good idea though as it
might save you from having to defend yourself from a harrassing action
later on.

The license is for *ACCESS*, not for *USE* of the material. This is an
important distinction.

Greg S. MacGowan
Center for Electronic Text in the Law (CETL)
University of Cincinnati College of Law
Cincinnati, OH  45221-0142

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