Fred Benenson | 11 May 16:59
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Re: Orphan Works Act of 2008

Right, I realized that at the same time as I hit send.

Oh well, an interesting way to introduce the idea but obviously not sufficient or necessary!

F


On Sun, May 11, 2008 at 10:57 AM, Gavin Baker <gavin <at> gavinbaker.com> wrote:
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Fred Benenson wrote:
[...]
| One way to think of it, and I haven't given this as much thought as I
| should, would be that it essentially adding a 5-factor to fair use,
| which I think is probably a good thing.

Well, except the other 4 factors are actually defenses to infringement.
This bill doesn't get the infringing user off the hook entirely, but
limits the monetary and injunctive relief available. So I can see the
way it's analogous to fair use, but it's not quite the same thing.
in the dream
my dog has a whistle
only I can hear
~    John Stevenson
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Gmane