[WikiEN-l] Jimbo/Seigenthaler CNN interview transcript

Tue Dec 6 22:24:51 UTC 2005

Kelly Martin wrote:

>On 12/6/05, Justin Cormack <justin at specialbusservice.com> wrote:
>  
>
>>On 6 Dec 2005, at 13:42, Fred Bauder wrote:
>>    
>>
>>>I think this is a clear case of fair use. It serves a public
>>>purpose. There is a problem and we all need to hear about it.
>>>      
>>>
>>fair use says nothing about public purpose. Now a few excerpts would
>>be ok, but not the whole
>>thing. You can hear about it from CNN.
>>    
>>
>Actually, a number of copyright law commentators have suggested that
>"public purpose" may be a legitimate restriction on exclusive rights,
>as a form of "fair use".  The claim was raised inartfully in RTC v.
>Henson, but I don't believe the court ever ruled on the merits of that
>claim (mainly because Henson is a freaking idiot).
>
The other factor is that the material is personal to Wikipedia.  This 
would give us arguments for using it that would not be available to 
others.  CNN would only have a legitimate claim on Kyra Phillips part of 
the conversation since she is their employee.  Jimbo can still release 
his part of the conversation under GFDL.  For that matter, so can 
Seigenthaler.  I don't think that CNN would want this kind of fight.

Ec