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Author Topic: Electronic Frontier Foundation: Court Declares Newspaper Excerpt on Online Forum  (Read 3989 times)

Robert Krausankas (BuddhaPi)

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The Electronic Frontier Foundation reported that, “Late Friday, the federal district court in Nevada issued a declaratory judgment that makes is harder for copyright holders to file lawsuits over excerpts of material and burden online forums and their users with nuisance lawsuits.

The judgment – part of the nuisance lawsuit avalanche started by copyright troll Righthaven – found that Democratic Underground did not infringe the copyright in a Las Vegas Review-Journal newspaper article when a user of the online political forum posted a five-sentence excerpt, with a link back to the newspaper’s website.

Judge Roger Hunt’s judgment confirms that an online forum is not liable for its users’ posts, even if it was not protected by the safe harbors of the Digital Millennium Copyright Act’s notice and takedown provisions.  The decision also clarifies that a common practice on the Internet – excerpting a few sentences and linking to interesting articles elsewhere – is a fair use, not an infringement of copyright.

http://asternglance.com/2012/03/10/electronic-frontier-foundation-court-declares-newspaper-excerpt-on-online-forum-is-a-non-infringing-fair-use/
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Robert Krausankas

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Matthew Chan

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What a crushing article on Righthaven. We get to thank Righthaven for helping set precedents so that other copyright trolls don't pull the same crap.

I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

 

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