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Copyright law, and by extension fair use protection only applies when you're up in court accused of copyright violation. It can't be used to force Youtube to host a clip for you. You are free to host the clip on your own website if you like, but then you do run the risk of the copyright holder suing you for copyright violation (if they found out that you'd done so). Even then you can then choose to ignore any "cease and desist" letters you receive if you like, and rely on the copyright holder either not pursuing the case because the damages are likely to be minimal, or following that you can hope that your "fair use" defense wins in court. Even if your "fair use" argument looks rock-solid you could still, however, lose (contrariwise even if your argument was feeble you might, with good lawyers and through a technicality, win). Human laws are radically different beasts to the natural laws of physics, relying as they do on the subjective judgment of people, even though as engineers we like to think that they are both kind of the same. And of course our criminal and civil laws actively need to be applied (as opposed to say, the second law of thermodynamics: the entropy of closed systems never decreases, regardless of whether anyone is actually paying attention to the system in question or serving it with injunctions.)
Toggle Commented Sep 21, 2010 on YouTube vs. Fair Use at Coding Horror
So if programmers are vampires, and sysadmins are werewolves, what are test engineers? Forgotten about, I suppose.
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Aug 30, 2010