February 02, 2004

Use

via DigitalConsumerNews comes this scary tale of Americans who Think Downloading Music for Personal Use Is an Innocent Act.

Consumers may be on to something that many others have failed to comprehend .... an understanding of the word USE.

As Professor L. Ray Patterson explains: "The competitor uses the copyright; the consumer uses the work. The copyright owner, by reason of the Copyright Act and the copyright clause, has not only no right to interfere, but a duty not to interfere with the consumer's use of a publicly disseminated work."

Therefore how can we charge an individual user with copyright infringement when their only use of the work is personal? Like I said, maybe Americans are on to something when they think that downloading music for personal use is an innocent act (and same goes for uploading).

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