Re: Fair Use (US Legislation) - Philatelic web sites
- From: "Victor Manta" <manvic_99spaam@xxxxxxxxx>
- Date: Sat, 9 Jul 2005 21:50:08 +0200
"Douglas Myall" <deegam@xxxxxxxxxxxxxx> wrote in message
news:dap0b8$ffp$1@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
>
> <mohawky@xxxxxxxxxxx> wrote in message
> news:mgtvc1pa152fdra0tnioa42u2da3ikcan3@xxxxxxxxxx
>> >>
>> >We've been through this before but I will repeat it for the benefit
> of
>> >those who did not read all of the thread started by Mette. The
>> >location of the server is not relevant to the question of where the
>> >content is published. One of the downsides of the internet. (DM)
>>
>> So, even the location is the US the web site is published in EVERY
>> country / entity in the world at the same time?
>>
>> Riddle me that one, please. That has been my question and hasn't
>> truly been answered yet.
>>
>> =======================
>> Tracy Barber
> =======================
>
> Well Tracy it was answered in response to a comment of yours in
> Mette's thread. In brief I pointed out that if you downloaded
> pornographic images of children it would be unlawful in most
> jurisdictions and it would be no defence to claim that the server was
> in Timbuctoo. Also, if the images were available to computers in your
> country they would, again in most jurisdictions, be published in your
> country. I view this as a downside of the internet because it impinges
> adversely on the common view that anyone can do anything on the
> internet and is against the spirit and intention of its founders.
>
> Douglas
IMO, Douglas puts together two things that aren't actually related. Children
pornography is a criminal offence quite everywhere in the civilized world.
For this reason it isn't relevant where it appears, because those criminals
should be found and punished. BTW, the same is valid for the activities
related to the terrorism, and for the same good reasons.
That's why I doubt that it is the _common_ view that "anyone can do anything
on the internet ", and it never was!
The subject of this thread is Fair Use, as seen by the US legislator,
particularly as related to publishing of stamp images on philatelic sites.
Thanks to the Fair Use doctrine, the publishing of certain things, under
certain conditions, is permitted in the US, and don't represents a copyright
infringement (see Blair's posting - the beginning of this thread).
This means that what is eventually not permitted in certain (European or
other) countries is permitted in the US. For sites, their location is given
by those of the servers on which they were published. Therefore those who
wish to be protected by the Fair Use doctrine can publish (under the
conditions and limitations specified by the doctrine itself) their
philatelic pages on servers located in the US.
In free countries (like the European ones, since 1990) the act of
_publishing_ of philatelic pages abroad isn't prohibited.
The whole is an advantage of Internet, because it gives more freedom of
expression, and a tough competition to the countries who limit this freedom.
--
Victor Manta
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