What "Fair Use" exceptions would you like to see?

John Steele Scott toojays at toojays.net
Fri Jun 3 03:35:32 CST 2005

Glen Turner <glen.turner at aarnet.edu.au> writes:
> Redressing the legal balance. Penalties for the misuse of Anton
> Pillar orders.  Particularly, severe penalties for those seeking
> the order where no infringment was found.  Prevention of the
> automation of legal notices for infringing content (eg, by
> allowing a small claims payment for a incorrect notice).

Another part of "redressing the legal balance" should include pentalies for
copyright holders who do not allow people to exercise fair use rights.

During the 2600 DeCSS case in the US, one of the points raised was that DeCSS
was being used by university lecturers who wanted to cut and paste short
segments of a DVD together, so that they could present these segments to the
class as part of a lecture. Part of the court's decision was something along
the lines of "yes, you have a right to cut and paste for criticism, but you
DON'T have a right to bypass a circumvention measure in the process."

If citizens gain fair use rights, there should be something in place to stop
copyright holders from using technology to nullify their rights. What is
really needed is a semi-independent body which would advocate for consumers in
matters like this. Something along the lines of the ACCC.


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