Klarinet Archive - Posting 000249.txt from 2009/02

From: Jonathan Cohler <cohler@-----.org>
Subj: RE: [kl] Fair Use
Date: Wed, 11 Feb 2009 20:01:21 -0500

At 2:16 PM -0800 2/11/09, Tim Roberts wrote:
>I wasn't going to participate in this thread anymore, because I honestly
>think Jonathan is arguing because he likes to argue, not because he
>really believes what he is saying, but I can't let this go.
>
>On Wed, 11 Feb 2009, Jonathan Cohler <cohler@-----.org> wrote:
>> The question was whether making a personal copy of a piece that you
>> own is a copyright violation. If it has never been adjudicated as a
>> copyright violation (and it has not) then VERY LIKELY IT IS NOT A
>> COPYRIGHT VIOLATION. End of story.
>>
>
>This is just imaginative horseshit. **IF** you had said, "very likely
>you will never be sued", then I would agree with you completely. But
>that sentence as you have written it is both untrue and unsupported by
>your premises.
>

What is untrue? Let's try to simplify this discussion. Let's say
the sentence read as follows:

"If it has NEVER been adjudicated that XXXXXXXX is a violation of the
law, then VERY LIKELY XXXXXXXX is NOT a violation of the law."

I claim this is a TRUE statement, independent of what XXXXXXXX is,
and independent of what particular law we are talking
about--criminal, civil, administrative or otherwise.

Best regards,
--
Jonathan Cohler
Artistic & General Director
International Woodwind Festival
http://iwwf.org/
cohler@-----.org

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