Reply to post: What about abuse of fair use?

US court decision will destroy the internet, roar Google, Facebook et al

Malcolm Weir Silver badge

What about abuse of fair use?

One thing that people are missing is that there *are* circumstances where posting of copyrighted material is permissible: the "Fair Use" exemptions. You (for some value of you) may not like them, and you (for some other value of you) may disagree whether apply in a given circumstance, but who, precisely, get's to decide if the posting of something, say, unflattering _for the purposes of editorial content_ falls into one side or the other?

Consider, for example, a written work created by someone (say, a "letter"), that is then published on a website in order to show that the author was a bit of a plonker. The publishing is clearly in breach of the author's simple copyright. But it's also (likely) fair use. If the argument (that a moderator has a duty to enforce copyright) prevails, then there will be a chilling effect, as anyone issuing threats (legal or otherwise) simply has to slap a "(C) A Litigious Bastard" statement on each page, and they're shielded from their actions...

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