[WikiEN-l] defining Free Encyclopedia

Sun Aug 22 01:49:12 UTC 2004

Michael Becker wrote: 
> Pointing this out has brought up an interesting point to me
>though. How can we morally justify using other peoples copyrighted
>material, against their copyright agreement, and then expect others to
>respect our copyright agreement? Wouldn't people also be able to make
>a case of fair use when using our content? I for one have for a long
>time opposed other websites using our content without following our
>copyright agreement (i.e. the GFDL). However, I don't find it moralËly
>justifiable for us to in one breath say, we have a right to break
>other peoples copyright agreements, and then in the next, attack
>people who break ours, Ëeven though they often too have a case for
>fair use.

I find this line of argument confusing and not very compelling.

Fair use (and fair dealing) is a limitation on the bounds of
copyright.  Using something under fair use is not a violation of
copyright at all.  Fair use is not (and must not be) just a handwaving
justification -- there are specific (though maddeningly vague and hard
to apply) conditions for fair use.  (And for fair dealing, which is
not quite the same thing.)

If someone finds something in Wikipedia and has a fair use defense for
using it without our permission, then more power to them.  This is not
a violation of our rights in any way.

Fair use is a very good aspect of copyright law, and it should be
relied upon by us (though, it should be relied upon carefully, we are
not legal risk takers).  And if someone takes some of our content
under fair use, we should be glad of it.  This is not an invitation
for people to violate the GNU FDL -- fair use is not a violation of
the GNU FDL.

--Jimbo