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Posted by Jerry Stuckle on 12/17/72 11:53
rasiel@dirtyoldbooks.com wrote:
> Jerry Stuckle wrote:
> ...
>
>>Actually, in the U.S., even making a copy is illegal. For instance, it
>>would be illegal to go to the library photocopy a book (or even a
>>newspaper or magazine article), even if it is for your own personal use.
>>
>
>
> it would be illegal to copy an ENTIRE book or article but to copy a
> part of it may not be. for example, a video clip of a movie or a book
> excerpt you're reviewing are ok. additionally, in order for a plaintiff
> to have a reasonable chance of having a case brought to court he would
> have to show that the material infringed upon has cost him a direct
> loss of business or that his company name/assets have been harmed.
>
> to bring this back full circle, ebay would have to therefore make a
> claim that use of a robot has caused it harm by exploiting its
> resources in a manner not likely to generate it any income. in other
> words, unfair use. they could not make the claim that the data
> collected has caused them lost income because the data collected is
> from closed auctions.
>
> ras
>
Yes, you can copy a page or two. You couldn't get away with even a
chapter. Or even a magazine article.
And Ebay doesn't have to prove any harm. They doesn't even have to
prove unfair use. That's not a requirement of copyright violation.
Additionally, unfair use is assumed in most cases and the plaintiff has
to prove fair use. This is civil law, not criminal law.
All it has to do is prove someone copying more than a little bit of
their site.
--
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Remove the "x" from my email address
Jerry Stuckle
JDS Computer Training Corp.
jstucklex@attglobal.net
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