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	<title>Comments on: Copyright-e-o</title>
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	<description>Beer is Good</description>
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		<title>By: nader</title>
		<link>http://www.beerdrinker.org/2003/07/14/copyright-e-o/comment-page-1/#comment-151</link>
		<dc:creator>nader</dc:creator>
		<pubDate>Tue, 15 Jul 2003 05:05:23 +0000</pubDate>
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		<description>This is an interesting little article, but I think the issue is more complicated than it appears at first glance.  To begin with, the &quot;League of Extraordinary Rodents&quot; is, legally speaking, a perfectly safe idea.  It would clearly fall into the parody and satire exceptions to the copyright law.

Also, there are exceptions for &quot;Fair Use&quot; which have existed since the common law first addressed copyrights, and remains largely unchanged by even the most recent copyright legislation (&quot;Digital Millennium Copyright Act&quot;).  Basically there is a four-factor balancing test to determine whether or not the alleged &quot;infringer&quot; is violating any of the copyright-owners protected rights.  Suffice it to say that the courts have traditionally recognized that Copyright law is directed primarly at serving the public, not the copyright owner.

This is distinct from Patent and Trademark law which are far more protective of the owner&#039;s rights...and I feel far more of a threat to the development and free exchange of information and ideas.  Patenting the human genome sound outrageous?  Dow (and many other pharmaceuti-Corporations as well) have already patented bacteria and other &quot;living&quot; organic &quot;products&quot; for sale and profit.

Ahhh, capitalism unchecked....what a savage force of nature...</description>
		<content:encoded><![CDATA[<p>This is an interesting little article, but I think the issue is more complicated than it appears at first glance.  To begin with, the &#8220;League of Extraordinary Rodents&#8221; is, legally speaking, a perfectly safe idea.  It would clearly fall into the parody and satire exceptions to the copyright law.</p>
<p>Also, there are exceptions for &#8220;Fair Use&#8221; which have existed since the common law first addressed copyrights, and remains largely unchanged by even the most recent copyright legislation (&#8220;Digital Millennium Copyright Act&#8221;).  Basically there is a four-factor balancing test to determine whether or not the alleged &#8220;infringer&#8221; is violating any of the copyright-owners protected rights.  Suffice it to say that the courts have traditionally recognized that Copyright law is directed primarly at serving the public, not the copyright owner.</p>
<p>This is distinct from Patent and Trademark law which are far more protective of the owner&#8217;s rights&#8230;and I feel far more of a threat to the development and free exchange of information and ideas.  Patenting the human genome sound outrageous?  Dow (and many other pharmaceuti-Corporations as well) have already patented bacteria and other &#8220;living&#8221; organic &#8220;products&#8221; for sale and profit.</p>
<p>Ahhh, capitalism unchecked&#8230;.what a savage force of nature&#8230;</p>
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