Re-using copyrighted code

[Mark Janssen]

> The fact that a work is non commercial is one of several factors that
> is taken into account when determining fair use. It is not an
> automatic fair use for non-commercial works. I have no idea where your
> understanding of copyright law came from, but here is the relevant
> section of the US legal code:

Thanks for digging out the legal code.  Upon reading, it is stunningly
clear that the legal system has not established a solid framework or
arching philosophy in which to contain and express the desire (in law)
to protect content creators of all kinds or the general public with
the fair use of such works and has been running on the sheer
confidence of "the American spirit", however facile or misdirected
that may be.

> 17 USC § 107 - Limitations on exclusive rights: Fair use
> Notwithstanding the provisions of sections 106 and 106A, the fair use
> of a copyrighted work, including such use by reproduction in copies or
> phonorecords or by any other means specified by that section, for
> purposes such as criticism, comment, news reporting, teaching
> (including multiple copies for classroom use), scholarship, or
> research, is not an infringement of copyright. In determining whether
> the use made of a work in any particular case is a fair use the
> factors to be considered shall include—
> (1) the purpose and character of the use, including whether such use
> is of a commercial nature or is for nonprofit educational purposes;
> (2) the nature of the copyrighted work;
> (3) the amount and substantiality of the portion used in relation to
> the copyrighted work as a whole; and
> (4) the effect of the use upon the potential market for or value of
> the copyrighted work.
> The fact that a work is unpublished shall not itself bar a finding of
> fair use if such finding is made upon consideration of all the above
> factors.
>
> Can you provide any citations for your interpretation? Besides "that's
> what the law should be", I mean.

I don't think I even have to:  the legal code you're citing above is
not very clear, consistent, or well-defined at all.  As such, it shows
that this area remains an area that has yet to be worked out by all
parties involved.   I would happily volunteer for any interested
parties to such a broken system.  Alternatively, I've been working on
a real fix to IP protections in the form of a unified data model for
the internet and data ecosystem.

-- 
MarkJ
Tacoma, Washington