Law in the Internet Society

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AndrewGradmanPaper1 6 - 08 Feb 2009 - Main.EbenMoglen
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"Youtube has nothing to fear": DMCA's Fair Use "Safe Harbor" Leaves McCain Campaign With One Choice: Beg
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 Ironically, "business certainty" is already dictating the winner of this contest, with or without a change in the law. The "scale problem" that YouTube faces in assessing fair use is no less daunting to the networks who hope to police their content in "good faith". These jealous networks targeted the campaigns because they were high-profile, low hanging fruit. The vast balance of infringements that slipped through their fingers were products of the non-profits, as well as the college students, housewives, Vietnam vets, and racist skinheads. YouTube, and its millions of users, don't need more law on their side. Scale is winning.

-- AndrewGradman - 18 Dec 2008

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  • I like this very much. I know only too well some of the consequences of being too arch, but you keep the tone under very good control, in my view. The analysis, which as you say should be good enough but not too good given our long-term interests, satisfies that condition.
 
 
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Revision 6r6 - 08 Feb 2009 - 23:14:44 - EbenMoglen
Revision 5r5 - 19 Dec 2008 - 04:05:35 - AndrewGradman
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