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Old 03-16-2005, 02:39 AM   #19
Timber Loftis
40th Level Warrior
 

Join Date: July 11, 2002
Location: Chicago, IL
Posts: 11,916
Quote:
He does give permission, just under strict conditions, which by copyright laws and as the author he has a right to.
Yes?
Erm... in a word, no. It is my understanding that the author does not have the right to limit the fair use doctrine. Otherwise, every site on the internet would post rules regarding fair use.


Mems notes that it comes down to managing risk, which is low for some message board. This has merit. No matter whether or not someone has a viable claim, the question is always "what are the damages?" Well, here it would be hard to cite any damages. Additionally, regarding the whole "management of risk" issue, remember that all risk is comprised of 2 variables -- (1) likelihood of the detrimental event occuring and (2) the magnitude of said event. Both are likely low here on our favorite brown board.

No one, that I've seen, posts or links quotes for monetary gain, and it's most always for informational purposes. That, of course, means any legally valid suit against TL for posting wholecloth NYTimes articles (for example) would lose out in the economic analysis -- i.e., they'd be suing me for WHAT? Regarding the NYTimes in particular, they surely benefit more from my extolling their virtues than they lose in the way of FREE subscriptions to their website.

As I stated, though, I am willing to post in the fashion I do because I feel I am competent to handle any complaints. I feel certain that I can make litigating against me enough of a pain in the arse for it to NOT be worthwhile for any claimant.
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