[pp.int.general] International day of Sharing - September 12

Reinier Bakels r.bakels at planet.nl
Sat Jun 27 15:51:50 CEST 2009


> Just a question: if 'fair use' (which even in the US is a series of
> exceptions, really, not a right, and thus subject to the vagaries and
> interpretations of courts and lawyers) is all the 'pirate party' can
> come up why would it be called the 'pirate' party? 'Fair use' is
> supported by liberals the world over. In the UK, Channel 4 issues fair
> use guidelines to documentarists. Shouldn't a pirate party articulate
> policies that are more meaningful to its supporters and base?

You are absolutely right! Of course, the intent is to advocate freedom 
("fairness") for file sharing. But "fair use" is an established legal 
concept in the US - so there is no reason for activists to advocate "fair 
use"!

You are also right that the contents of the "fair use" right are open to 
judgement. Which can actually be a problem both for rights owners and the 
people who (pretend to) make "fair use": a lack of certaintly. The 
continental European "closed system of limitations" has the benefit of more 
certainty, but the disadvantage of not allowing anything that has not 
excplicitly been foreseen by the legislator. But that is all a matter of 
details for lawyers.

But "day of sharing" seems OK to me.

reinier 



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