Erik Moeller wrote:
What I do suggest is that we use common sense to
determine the few cases
where we think fair use law is applicable, instead of simply ignoring
these few loopholes in the current restrictive copyright code. I would
think that someone opposed to intellectual property would embrace the idea
that we should defend and make use of our rights, instead of bowing to the
pressure from copyright holders.
I agree with this approach, but I don't see where we have had problems
with the copyright holders themselves. It would be easy to agree to
remove this material if the request came from the copyright holder
himself. The pressure so=far seems to be coming from people who imagine
that something is copyright.
To me, an important question is, "Can a copyright exist without a
copyright holder?" In a simple case suppose that the apparent copyright
holder died intestate last year, with no apparent heir, and not enough
in personal assets to warrant probate. Who now owns the copyright?
My inclination would be to use borderline material, with an appropriate
warning that we will happily remove on request from a properly
identified owner.
Eclecticology