[Foundation-l] An argument for strong copyleft

Wed Apr 9 04:34:30 UTC 2008

geni wrote:
> On 08/04/2008, Nikola Smolenski <smolensk at eunet.yu> wrote:
>   
>> Yes, really. Perhaps I should clarify: fair use does not require that I
>>  release my work under the same conditions as the work I am fairly using;
>>     
> Actually it does. It requires that you release it under US law.
>   
This is a gross misunderstanding of fair use.  It is legally available 
without regard to the wishes of the copyright owner.  The usual disputes 
are based on whether a particular usage is factually fair.

When both are available, one may have the choice to use someone else's 
work either by licence or by fair use.  If the downstream re-user draws 
on your fair use there should be no implied licence.  If he draws upon 
your licensed usage free licence provisions may apply, but he is still 
free to make his own fair use arguments.

Wikipedia indeed has stricter restrictions around the matter of fair 
use, but that should not be confused with the legal concept.

Ec