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4 years 2 weeks ago - 4 years 2 weeks ago #21 by Isamorph

Hi isamorph,
"War in Peace"
Surely no Freudian slip intended, 'War in Peace?????? (Smile)
Or is that a more accurate translation?
If so I've got to re-read the tome, cause maybe the whole thing was a Russian satire that only makes sense if you were a native speaker.
Jonathon Swifts , "Gulliver" only makes sense if you are acquainted with the politics of the day and can read it as heavy handed political satire.

'sigh'........ obviously, I've been in the desert ..........


Oops! Nyet---that was no Freudian thing, but just a pure slip. Yet "War in Peace" is an attractive title in that it seems to indicate something about the Id of mankind. I read the wonderful beast in about 4days 40+ years ago. It should be required reading in our high schools, for Russia still, per Churchill,--" is a riddle, wrapped in a mystery, inside an enigma".
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4 years 2 weeks ago - 4 years 2 weeks ago #22 by jamielih

jamielih,
I'm just curious. In your reply, to isamorph, you stated that,
"Verbatim copying with credit of a copyrighted work, absent other facts, is almost always not fair use. Otherwise, it would be fair use if I'd just copy 2 mp3s verbatim from an album of 10 mp3s, so long as I give credit to author. Wish it worked that way."

What is the difference between quoting from a published statement, and citing a link from the internet?
And how does that apply to use on a forum vis a vis legal proceedings.
My question pertains to personal forum use and freedom of speech as differentiated from commercial use.
Thank You


If by citing a link, you mean to say that you copy verbatim a URL, such as "www.fauxnews.com/all-liberals-are-kenyan-muslims.truth", then one difference between copying that URL verbatim, vs. copying an article wholesale is copyrightable subject matter. Put another way, the URL is almost always NOT copyrightable. A general rule of thumb is that very short phrases or sentences are not copyrightable. E.g., both "Fair and Balanced" and "All the news that's fit to print" are most likely not copyrightable due to their brevity. They're likely trademarks, though. Anyway, copying an article wholesale to share it is copyright infringement per se. Whether such infringement is enforced is often a business, not legal, decision.

Personal forum use is not a defense to use of copyrighted work without a license. If that were the case, I could start a personal forum where I copy mp3s from everywhere.

Freedom of speech in copyright is usually seen in the fair use defense. That is, fair use contemplates that one must be able to copy some amount of a copyrighted work in order to criticize it. That amount must be only the amount necessary. And there must be criticism (or presumably praise, though I've never seen case law on praise). If there were no such restriction, one could copy mp3s from everywhere wholesale to a personal forum and simply post "I love / hate this song" for every song, & get away with it.The RIAA will almost always succeed in infringement claims against such "fair use." Because it's not.
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4 years 2 weeks ago - 4 years 2 weeks ago #23 by jamielih

What is the difference between quoting from a published statement, and citing a link from the internet?

I noticed that I failed to answer the question about "published statement". The answer would depend on what you mean by that term. If the term means copying verbatim something someone said verbally, such as "You can do anything ... Grab them by the cat", then it might be ok.

On the other hand, if by published statement, you mean anything that's publicly accessible on the internet, then the term is too broad to afford a reasonable copyright analysis. In general though, publicly accessible does NOT mean that the work is in public domain, which in turn means that wholesale copying of a work without permission almost certainly infringes that work's copyright.
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4 years 2 weeks ago - 4 years 2 weeks ago #24 by JTSR71
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en.wikipedia.org/wiki/Los_Angeles_Times_v._Free_Republic


Can't you just paste the article here instead of making us click the link?

:P

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4 years 2 weeks ago #25 by als
Replied by als on topic Suggestion: Limit Post Length
Thanks Guys!
We covered 'id' copyright law, free speech, joshed each other and went way off topic(my fault) with no insults.
jamielih, an especially big thank you for clearing up quoting from the internet. something i've wondered about for a while. I'll try to apply fair use to my discussions from now on.
" fair use contemplates that one must be able to copy some amount of a copyrighted work in order to criticize it. That amount must be only the amount necessary. And there must be criticism (or presumably praise, though I've never seen case law on praise)."
Seems a fair and reasonable standard.
That is what i enjoy most about this forum. Knowledge, entertainment and discussion of differing points of view, serous and tongue in cheek.
Isamorph, I was never able to take Tolstoy completely seriously. I kept having the reaction thinking while reading some of the more fecund passages, ;You've got to be kidding' now I'm wondering if he really was.
Thanks again.
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4 years 2 weeks ago - 4 years 2 weeks ago #26 by Isamorph
I think Tolstoy will be best remembered as a great literary interpreter of his time, especially for "War and Peace" Sometimes writers or novelists are better at depicting the history of their times than are historians, who focus on the big events, but often fail to capture the detailed nature of how people actually lived, talked, dressed, ate, and so on during periods of history. Keen observational writers such as Tolstoy, Balzac, and many others have provide the details for us.
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4 years 2 weeks ago #27 by als
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Thanks,
I never thought about it that way. I always read the descriptive novels and thought, 'get to the point already'
I guess I was missing the point entirely.
I always got the descriptive aspect from the Canterbury Tales, It was so vivid! I could actually smell the scenes.
On to a re-reading of the classics again from a different mindset.
Thanks!
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