“Fair Use”? How?

Dan Lyons has responded to “some notes” he says he’s been getting from some who’ve allegedly claimed he’s “violated the copyrights of a Groklaw poster”. Allegedly, the alleged copyright violation was to do with the copied comment I wrote about in my first article on this here blog. I might be one of those note senders (as I did submit a comment on his blog), though I only questioned whether or not it would constitute copyright infringement, rather than claiming it actually was.

In his latest little article, “It’s called “fair use,” you can look it up”, he basically claims fair use. In support of this, he quotes the EFF‘s Fair Use FAQ:-

In particular, U.S. courts have recognized the following fair uses: criticism, comment, news reporting, teaching, scholarship, research and parodies.

So, which of those apply in this case? Criticism? Where was the criticism? What was the criticism? I didn’t see no criticism. Comment? Again, where? What comment? News reporting? Uh, news, how? Teaching? Teaching what? Scholarship? Research? Parody? How could it be parody if it’s copied verbatim? Do any of those categories really cover it? If not, then why did he quote that fair use stuff? How, instead, would it come under fair use?

Rather than just ask those questions here, I’m also asking them in a comment on his latest blog article. I wonder how, if at all, he’ll respond.


One Response to ““Fair Use”? How?”

  1. zapfbran Says:

    I really think Dan Lyons is losing it. His behavior is almost manic. He picked sides in the SCOX case without researching it independently, He took everything that was told to him hook line and sinker, and he was publicly ridiculed for it by PJ and many members of the online community. Rather than admit that he acted the role of a fool and move on, he continually points and whines in a pathetic attempt to get revenge. He confuses rude and innappropriate behavior from a few misguided linux supporters, with the opinionated, but rational and reasoned analysis of PJ.

    I feel sorry for him.

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