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Librarians to the Rescue

Duke Machesne writes "Citing concerns over materials being distributed to American students by the BSA, MPAA, and RIAA's evil minions, the American Library Association will begin distributing its own, more balanced material this winter. The material will deal with insignificant and oft-overlooked details like fair use. More information on Wired News."

43 of 280 comments (clear)

  1. Re:Go librarians! by Anonymous Coward · · Score: 1, Insightful

    When money is on the line, companies tend to get cutthroat with their policies and how they deal with free organizations.

    Its pretty sad if you ask me.

  2. Re:well by tomhudson · · Score: 4, Insightful
    For once I agree with an AC.

    And not just because to "balance things out", you'd have to push a line that would make all copyright questionable.

    The proper way to "balance" this is to not allow the **AA access to the schools. This isn't education, it's propaganda. Let them buy time in the media like every other business.

  3. Not suprising. by c0dedude · · Score: 4, Insightful

    Librarians and free media have always been the standard-bearer for issues of personal liberty. A while back, a group of publishers sued libraries for distributing books. Libraries have carried books, even when they've been shunned by society. They were the first ones to rail against the PATRIOT Act. They are one of the most significant forces against promoters ignorance, misinformation, disinformation, and junk science in existance right now. Remeber who had the fewest misconceptions about the Iraq war?

    --
    Since when has this country used intellectual elite as a pejorative term?
    1. Re:Not suprising. by Anonymous Coward · · Score: 1, Insightful

      "Remeber who had the fewest misconceptions about the Iraq war?"

      I think that would be the Iraqis, yes? Well, the survivors anyway.

  4. Bah, parents aren't doing their jobs! by Anonymous Coward · · Score: 1, Insightful
    BSA, MPAA, RIAA, ALA, US government, et al... When will people learn? If parents don't teach it to their kids, then someone else will. Since this is undesirable, action should be taken.

    Attention all parents and those considering parenthood! Repeat after me: INDOCTRINATION BEGINS AT HOME.

    1. Re:Bah, parents aren't doing their jobs! by aelbric · · Score: 5, Insightful

      Actually, education begins at home, indoctrination begins at school.

      --
      nos laetus epulor qui would domito nos
    2. Re:Bah, parents aren't doing their jobs! by vericgar · · Score: 1, Insightful

      I disagree.

      Indoctrination does begin at home, at least in most cases. It's called Religion.

      Not that Religion is bad, it serves the purpose of keeping those that can't seem to think for themselves from killing all of us just because it would be fun. But for many people, it is just a death grip keeping them from learning everything they can because it closes their minds.

  5. Re:Go librarians! by jesterzog · · Score: 4, Insightful

    However, it massively accelerates research. Clearly a good thing.

    Not to mention literacy, which presumably sustains sales of books in the long term. Imagine what it'd be like if anyone who wanted to read had to pay.

  6. Re:The BSA? by rpj1288 · · Score: 2, Insightful

    The business Software Association. If they're gonna go by an acronym, they need a different one. BSA ment the Boy Scouts since the early 1900s. They were there first!

    --
    Marvin knew: "Think of a number, any number..."
  7. Old-fashioned librarians are great people by LibrePensador · · Score: 5, Insightful

    This borders on the obvious but librarians love books, which means that they are often well-informed liberals in the enlightenment sense of that word, i.e., someone who is broad-minded and tolerant of the views of others and expect others to behave in the same manner.

    They also understand that our cultural heritage depends on free sharing for its preservation and nurturing -as does innovation. Librarians are therefore quite suspicious of those who try to place limits on the sharing of cultural outputs, particularly when they do so to benefit from the social conjectures and economic dislocations produced by a given technological moment in history.

    --
    Pragmatism as an ideology is not particularly pragmatic in the long term. Keep it in mind when you dismiss Free Software
    1. Re:Old-fashioned librarians are great people by jyoull · · Score: 4, Insightful

      I wish i had some mod points for that IDEA.Civilization / society owe a lot to librarians for just providing some of the glue that holds it all together (as much as it barely sticks together at all). Also you should work with reference librarians whenever possible, and don't give me that crap (prior post) about "we just use the Internet." A great research talent is an incredible secret weapon.

    2. Re:Old-fashioned librarians are great people by jc42 · · Score: 4, Insightful

      Also you should work with reference librarians whenever possible, and don't give me that crap (prior post) about "we just use the Internet."

      Actually, the idea that the Internet competes with libraries, while enticing, turns out to not be true at all. Public libraries all over are getting tied into the Internet, and for the poorer parts of society, this is often the only access to most of the world's information.

      Librarians have generally figured out that the Internet doesn't replace hard-copy books; they complement each other in useful ways. Having Internet access in the library gives the librarians the freedom to be a lot more selective about what books they have on their shelves. They are starting to figure out what sorts of things are best presented in book form and which are better online. And libraries are migrating to a system that stocks up on the former while making the latter available via computers.

      They just have to figure out how to handle the pr0n and spam problems ...

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    3. Re:Old-fashioned librarians are great people by Alsee · · Score: 2, Insightful

      The Enlightenment is a specific period of history and that is what the poster was talking about.
      The Enlightenment emphasized reason, tolerance and learning.


      It's sad that emphasizing reason, tolerance and learning is considered a period of history. We could do with a revival.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  8. Re:well by invalid_address · · Score: 3, Insightful

    i agree to the propaganda nature of this:

    BSA marketing exec 1: hey, what should we do this year to increase legal software sales?

    BSA marketing exec 2: i know! let's infiltrate the schools with some 'educational material' about copyrights, and how they should be reverently followed. 90 some odd years is not enough.

    BSA marketing exec 1: sound great, but how are we going to do that?

    BSA marketing exec 2: we'll umm, make a cartoon character and have the kids name it, yeah! it will be great

    BSA marketing exec 1: what else?

    BSA marketing exec 2: we'll have legal work with the teacher's unions to force compliance to instruct the children with our coursework. if that doesn't work, we'll bury them in subpoenas and fines!

    in walks a lone librarian.

    librarian: your tactics are nefarious and strongarm. we will not allow this without proper perspective.

    BSA marketing exec 1: who let this person in here?! security!!!!

    there will come a day when this will all be trivial. either that or...

    our children will grow up with no capability for creative thought, as that will violate some copyright somewhere somehow, and we know what that leads to.

  9. The librarians have enlisted Legolas by Dave21212 · · Score: 2, Insightful


    The librarians have enlisted the help of Legolas Greenleaf of Mirkwood, Sindarin decendent of the Teleri...

    I think the chance of being victorious over the BSA, MPAA, and RIAA's evil minions is good !

    --
    "Whoever would overthrow the liberty of a nation must begin by subduing the freeness of speech."--Benjamin Franklin
  10. No! Unfair! Confusing! by MBCook · · Score: 1, Insightful
    No! Unfair! Confusing! I hate the ALA. They're evil! They support porn access for kids and have a serious liberal slant and there are so many reasons I don't like them.

    But their doing something... good! This is confusing. I'm not supposed to like them but they are doing something good! This is like MS suddenly putting everything up to 2k under the GPL.

    My brain hurts! It's confusing. Why can't anyone just be EVIL. Why do they have to do something good once and a while to make you question them?

    Well, as much as I don't like them, in this case the enemy of my enemy is my friend, I suppose. The MPAA/RIAA/etc are the greater evil in this battle (IMHO). The ALA is trying to push a specific world view and ideological slant and co-opt parrents (again, my opinion). The RIAA/MPAA is trying to take away my RIGHTS. One is definatly worse than the other.

    --
    Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    1. Re:No! Unfair! Confusing! by Tar-Palantir · · Score: 3, Insightful

      They support porn access for kids...

      There is a major difference between "supporting porn access for kids" and "opposing arbitrary, corporation-influenced censorship for all patrons".

      I'm not sure how seriously you meant the quoted passage in your post, but it's wrong and I wanted to point that out.

    2. Re:No! Unfair! Confusing! by anthro398 · · Score: 5, Insightful

      You, MBCook, are a damned fool. The ALA supports a few things you might not have heard of on Fox News. We like to call them democracy, freedom, and liberty. You see, we, and I really mean me and the other library students with whom I am friends, believe that each American has the right to information and that access to information is the cornerstone of democracy.

      Public librarians, of which my wife is one, do not want children to look at pornography. They also don't want children to wonder why they can't research papers on gay rights or learn about breast cancer. Filters do not work. They let some bad things through and they block some good things. Every day we see children unattended in the library. Their parents and apparently you would like to impose upon us the responsibility of parenting these children.

      So, I find it lamentable that you hate the ALA who fights to protect your right to read without intervention by the Department of Homeland Security and defends Mark Twain from book burning "concerned parents". I am more disturbed, however, that you feel the ALA ideological slant (again, freedom;liberty;democracy) is evil.

    3. Re:No! Unfair! Confusing! by Qwaniton · · Score: 5, Insightful

      Don't blame him. He's blindly spouting rhetoric. The reason he's a neocon is because neoconservatism strongly appeals to insecure people...i.e., nerds. Neoconservatism is a "manly man" political philosophy. (I'm trying to remain as neutral as possible.) Neoconservative rhetoric appeals to the insecure because it makes people feel dominant, in control, alpha-male, and morally superior.

      As far as I'm concerned, as a recovered ex-neoconservative, this rhetoric does not correlate with reality. However, I can't blame him. It's taken him over like a virus, just like it had done to me. Even the most logically rigorous are prone to this powerful fallacy.

    4. Re:No! Unfair! Confusing! by Anonymous Coward · · Score: 1, Insightful

      wow,I`m surprised someone would think the book written by Hitler is innapropriate. I think its amazing they put these things up because Hitler is one of the most important figures of 20th century history(being a bad person doesn:t change that fact).

      The teacher I admired most in high school used to carry the book around studying it, probably becuase he loved history so much(small town, older teachers actually taught him). I doubt 25 years ago if he could find that book anywhere but in our library. Congrats to libraries that are willing to put the challenging books on their shelves so people have access to everything.

      Anyways, I commend libraries that fight the damned fools of conservatives that find books like The Catcher in the Rye, Hamlet, Macbeth, King Lear, Harry Potter(yes, it`s demonical and must be stopped by banning it, of course, actual parenting if you feel this way is much too difficult for these conservatives), and many more.

      My high school librarian posted the list she was given as to books she shouldn`t have and went out of her way to make sure they were on the shelves. If people saw the pressure put on librarians by so many groups to do such idiotic things as hiding Harry Potter, I think a lot more people would have respsect for what libraries do.

      Note, to anyone who finds Harry Potter offensive and improper, well, tough. I call you morons who can`t handle something called imagination and it`s really unfortunate we have people like that in power from time to time.
      I don`t feel like logging in:Gordo3000

    5. Re:No! Unfair! Confusing! by Tarwn · · Score: 2, Insightful

      While I agree with the general thrust of your commentary, I feel I have to point out the major fallacy in your supporting points:
      "They also don't want children to wonder why they can't research papers on gay rights or learn about breast cancer"

      The purpose of fighting against the proposed filtering programs twofold. One, because the ALA believes people have a right to access constitutionally protected material in a public institution, and Two, because even with a definition of obscenity/et al, the tests of filtering software show that there are many cases whee the software will let through "obscene" items while also suppressing non-"obscene", First Amendment protected items.

      The reason I pointed out the particular phrase above is because it gives rhe wrong impression. The ALA does not want to support children's questioning of why materials are blocked because the basis of that statement is that materials are blocked.

      I too believe in parents having to take responsibility for parenting their children, unfortunatly I am a conservative, which in these environs generally means everything I say, regardless of content or logic, is either incorrect or gross inflation of some party line.

      --
      Whee signature.
  11. Re:well by kfg · · Score: 5, Insightful

    It is possible to be both a strong supporter of the philosophy of copyright and yet oppose specific copyright law.

    Not to mention private interests being allowed to making their case as fact in the public schools without so much as a representative of a counterpoint.

    I certainly hope school librarians take up the gauntlet, but my experience suggests that to do so might well endanger their jobs.

    KFG

  12. I'm not enlisting in this "war" by orthogonal · · Score: 5, Insightful

    "We're trying to educate children at a very young age about the importance of protecting copyrighted works," said Diane Smiroldo, vice president of public affairs for the BSA. "It's important to start talking to them at a very young age about creative works online and what you can and can't share with your friends."

    Smiroldo compared the BSA's program to an antismoking or antilittering campaign. The curriculum doesn't talk about fair use but focuses on what are "right and wrong" behaviors online.


    Hmm, lemme see, smoking harms the kid himself, littering defaces the entire community, and "pirating" copyrighted works hurts -- oh right, the Business Software Alliance.

    And lemme see, these kids, having mastered all that readin', writin', and 'rithmeticin' -- ain't no child left behind no any more --, they've got plenty of time to spend learning a corporate lobbying group's version of "right and wrong".

    I've never pirated music or software, and I do believe that the MPAA and the BSA should have the protection of copyright -- including the right to bring civil suit.

    But when they try to co-opt the education of children and get the Department of Justice to bring their civil suits for them, and to pile criminal charges on top, well, it seems to me the corporations are getting much more than a fair shake.

    Begins to remind me of the "War on Drugs" -- a "War" we'll never win but which benefits corporations building and running prisons (and the drug mafias and the prison guards' union) at the expense of cops and taxpayers and citizens.

    It even makes me wonder if the "content providers" have gone so far as to forfeit their moral rights to copyright protection. There comes a time when you just have to say that the "cure" is worse than the "disease" (as for instance, the "War on Drugs") and tell those grabbing more than their fair share of money and legal power, "this far and no farther".

  13. All hail the librarians!!! by stox · · Score: 3, Insightful

    IMHO, no other group of professionals in our society have done more to protect the American ideal of life. If you don't already, talk to your locla librarian. You will find them to be one of the most remarkable resources in your life.

    --
    "To those who are overly cautious, everything is impossible. "
  14. Re:well by Melantha_Bacchae · · Score: 3, Insightful

    I doubt most slashdot readers are ignorant of copyright laws, the founders distrust of the concept, and the decision to only include copyright in the US Constitution as a carrot to promote innovation.

    I imagine most slashdot readers are aware of the abuses of copyright law: the endless extensions, the DMCA, stifling of free speech and fair use, impoverishment of the public domain, the lack of rights for the creators of content (publishers using contracts and work-for-hire to take the copyrights for themselves). All of which are extensively documented on Slashdot.

    I imagine most slashdot readers are well aware of campaigns by copyright holders (the publishers) to use them to extort money from mostly innocent people (as few cases go to court and so the allegations of infringement are unproven).

    While it has been a while, I imagine at least some slashdot readers remember Microsoft's terroristic marketing campaigns to scare customers into buying too many licenses just to be "safe" from audits.

    If you don't, AC, maybe you should use your computer for something "useful". ;)

    It is good that libraries are going to be educating youngsters in Fair Use. After all, libraries are the sacred temples of Fair Use.

    As for the media sharks, remember the Yahlen? Quit being mean, or your yachts are belong to Mothra!
    (To be used in the Queen of Monster's thirty-eight year old War on Mean Terrorists.)
    "Godzilla vs. the Sea Monster", 1966

  15. Re:Go librarians! by Anonymous Coward · · Score: 5, Insightful

    Imagine what it'd be like if anyone who wanted to read had to pay.

    We'd have a culture where most people get their information from visual and audio media like television and radio and ignore in-depth analysis found in newspapers and magazines.

    Oh.

  16. evil? by minus_273 · · Score: 4, Insightful

    I'm sorry, you can disagree but not label the other party evil. It sounds really childish and dilutes the meaning of a rather harsh term. It also distracts people from the message you are trying to get across.

    --
    The war with islam is a war on the beast
    The war on terror is a war for peace
  17. Libraries by Anonymous Coward · · Score: 2, Insightful

    Wonder how many hypocrite copyright holders have ever borrowed a book from a library (and thus ripped off a poor publishing house).

    Same with musicians. How many have benefitted from fair use and now vehemently oppose anyone "stealing" their work most of which is a derivation of fair use.

  18. So Where Can We Get It? by SEWilco · · Score: 2, Insightful
    So where can we see the information?

    Yup, the article mentions high school librarians will get copies. I'm sure high schools will be thrilled to have more visitors to their libraries. We need a date posted, so we can /. libraries.

  19. The ALA's aims by 0x0d0a · · Score: 3, Insightful

    Hmm, lemme see, smoking harms the kid himself, littering defaces the entire community, and "pirating" copyrighted works hurts -- oh right, the Business Software Alliance.

    To be fair, copyright is a mechanism with a purpose other than just enriching the BSA. It's part of a system designed to allow content funding to be produced.

    The ALA is just interested in people not having something presented as "right" and something else presented as "wrong" -- they'd rather have people consider the benefits themselves.

    I have no problem with copyright per se -- the question is whether it is still practical and useful in its current from in present day, where it is nearly impossible to enforce, and where it has been extended far, far beyond the intent of its creators.

    Many Slashdotters may not like Britney Spears. However, she clearly entertains many people, and I don't have a problem with publishers making money off her if they are entertaining people -- if that's what people want, let them have her.

    On the other hand, I'm not convinced that they should have her for her lifetime and well beyond, nor am I convinced that copyright can be enforced any more, nor am I comfortable with DMCA-based end runs around fair use. That doesn't mean that we should "drop copyright" -- we have a number of content-producing mechanisms that are based around it, and no good systems that will necessarily replace them. It does mean that copyright reform may be necessary, and given that I feel that the ALA is a group of people with a good deal of insight into copyright-related issues, I'm more inclined to listen to what they have to say than a number of the other players in the copyright game.

  20. Burn, baby burn... by HermanAB · · Score: 3, Insightful
    I think it is time that Americans come to their senses and burn all the evil libraries down.

    Repent! Repent! and Read no More!

    Come to think of it, the American school system is actually doing a marvelous job with creating illiterate young adults, so the **AAs have nothing to fear. Eventually, everybody will have to pay someone (in another country) to read for them and all reading will be outsourced to India.

    --
    Oh well, what the hell...
  21. Re:well by swillden · · Score: 4, Insightful

    It is possible to be both a strong supporter of the philosophy of copyright and yet oppose specific copyright law.

    Given the current copyright law, it's pretty much impossible to be a strong supporter of the US founders' philosophy of copyright and *not* oppose specific copyright law.

    The only way you can really support the current copyright system is if you buy into the content producers' notion that copyright is some sort of perpetual, natural and even inalienable right to collect cash for every use, rather than the carefully balanced social contract originally intended.

    --
    Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  22. Business Reply Mail by Anonymous Coward · · Score: 1, Insightful

    After a quick look at the Propaganda on their website, I noticed a "Survey" form that includes a "Business Reply Mail" envelope template.

    You know, the kind that the person recieving the survey must pay the postage for.

    Wouldn't it be great if all of the slashdotters would send in their comments? (2+ Million). At 37c a piece, that would total a little over $740,000.

    I personally may send in a few, just so my voice may be heard.

    The survey can be found at http://www.playitcybersafe.com/pdfs/BSAsurvey.pdf

    It's targeted for teachers, so I guess we all will need to roleplay for this one.

    1. Re:Business Reply Mail by Tesral · · Score: 2, Insightful
      Why? Just mail it blank. Print a hundred and mail them blank.

      Oh, and just so it is known they are NOT paying 37c a piece. They have a business reply bulk rate, you can bet on it.

      That said, money is money, and money spent to get blank survays back would be a bear. I wouldn't even print the survey side. Just the reply side.

      --
      Garry AKA -Phoenix- Rising Above the Flames
      Si hoc legere scis nimium eruditionis habes
  23. Re:well by Flexagon · · Score: 4, Insightful

    This isn't education, it's propaganda.

    My kids are past elementary school, but we've had to deal with at least two other equally bogus programs that were nevertheless strongly supported by some of the administrators:

    • McDonald's providing arithmetic practice sheets driven by its products and pricing for use as in-class exercises. This would have been fine as a hand-out at its restaurants. The justification was that teachers can always use free teaching materials, whatever the source or motivation.
    • The American Heart Association running a fund raising drive disguised as PE and charity work for the organization's direct benefit, but during school hours. This one would have been fine if volunteers had been requested, and if it were held outside of the state-mandated teaching hours.

    Much of this nonsense didn't stop, despite numerous complaints from parents, until Consumer Reports wrote up the practice.

    The only role that these sorts of things have in the classroom is in a high school level civics style class that discusses why they should not be used in the classroom.

  24. Re:Look near the bottom of slashdot's webpage by chary · · Score: 2, Insightful

    "I think it's important to remind everyone that even slashdot seems concerned about protecting it's copyrighted material"

    So does the FSF. What's your point? When Slashdot starts sending out COD letters to people because they've copy and pasted a goatse link, it's time to start shouting and screaming...

  25. hey, teacher, leave those kids alone by Doc+Ruby · · Score: 2, Insightful

    How about teaching kids their basic rights, like when they're stopped by police on the street, in their car, or in attempts to search their home? Is copyright more important to inculcate than Miranda rights? Or their rights in a jury to nullify an unjust law used in the trial? Until these priorities are addressed, public education is just another tedious exercise in corporate indoctrination.

    --

    --
    make install -not war

  26. Re:Go librarians! by Discoflamingo13 · · Score: 3, Insightful

    I think his point was that regardless of how biased or one-sided it was, print media goes farther in examining an issue because of the nature of the medium. It's easier to understand more about a single event (and key supporting events) in ten pages than in 10 minutes of TV coverage.

  27. Re:Go librarians! by ultranova · · Score: 3, Insightful

    However, it massively accelerates research. Clearly a good thing.

    Not for publishers. Research lowers the cost of entering the publishing business, and thus increases competition. The Internet even allows publishing for free - and I don't mean book pirates, but people who upload their own texts for everyone to enjoy. I've read several book-length quality pieces of writing on the Net, and this had certainly decreased my need to buy paper books.

    Research threatens established power bases - or, more to the point, the fruits of research in the hands of the general public threaten established power bases - and thus is a bad thing, as far as those in power are concerned. Do you really think that the Internet would had been allowed to happen if the politicians and big business had known beforehand what it would become ?

    Freedom is the natural enemy of Power. People freely exchanging information and making their own decisions is the worst nightmare of a politician. People producing and trading with each other is the worst nightmare of a corporate overlord. And everyone having a cheap access to publishing is the worst nightmare of a publisher.

    All of which means that we will propably go back to pre-emptive censoring, of needing a prior permission to publish anything, before long. Propably as soon as we get mandatory DRM on our computers. That's the real reason for it...

    --

    Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

  28. Intellectual freedom by thrashor · · Score: 3, Insightful

    I was pleased to hear this announcement and am hopeful that other national library organizations will follow suit in their own jurisdictions - students should not be exposed to a single perspective on this or any issue. To quote Tony Samek, of the University of Alberta's School of Library and Information Studies, "The largest current threat to intellectual freedom in Alberta [Canada] is the dwindling numbers of Teacher-Librarians employed in the province." Who else will defend intellectual freedom in the K-12 system?

    --
    i just want to play go
  29. Re:Go librarians! by phiwum · · Score: 2, Insightful

    i tend to use resources on the web to write my papers. then ill go to the library to find the books the web site cites and cite them.


    Presumably after first reading the relevant text to be sure that it agrees with the paper you've already written.

    Of course, even if you do check the original sources like you ought, failing to cite the web site where you originally obtained the information might be a form of plagiarism. Especially if the information is presented in your paper more like the web site presented it and less like the original.

    --
    Phiwum's law: anyone that names an obvious law after himself and then puts it in his own sig is just pathetic.
  30. All I have to say is by ShadowRage · · Score: 3, Insightful

    yay, go librarians. seriously. this is a good move. last thing I'd want is for my child having to go to school to get brainwashed by some companies to fit their financial interests.

    It's much like how the communists infiltrated schools, or the McCarthy era here, where all teachers told their children to report their parents' communist activities to them. etc.

    It's very sick that people use children as tools.

    One thing people always seem to do is use younge children and the elderly, becauset hey know the two groups arent likely to sock them in the face and tell them to fuck off.

  31. Re:well by Idarubicin · · Score: 2, Insightful
    Why? Because it's redundant and it has led to widespread missunderstanding of fair use. You could strike that clause from the law and fair use would not change one wit! If you check the cogressional record when it was first passed they stated it was intended to reflect existing fair use, and that it was not intended to expand, restrict, or alter existing fair use in any way whatsoever!

    Since Section 107 of the law describes fair use, many people have the mistaken impression that that law somehow grants, defines, and restricts fair use. They have the mistaken impression that fair use can be altered/restricted/eliminated simply by rewriting that law. That is incorrect. Fair use existed before that law existed, therefore it cannot be that law which created fair use.

    Actually, the impression that fair use can be restricted, expanded, or altered by changing Section 107 is entirely correct.

    Despite some recent bad law (*cough* DMCA *cough*), it is generally taken to be true that the concept of 'fair use' is a necessary and constitutionally implicit part of copyright. However, until the provisions of the 1976 Copyright Act were passed, the notion of what constituted 'fair use' was left entirely up to the courts. Beyond established case law, there were no hard and fast guidelines to aid an individual or corporation in determining what constituted acceptable and fair 'fair use'.

    Through Section 107, Congress created a legal framework in which fair use was defined. Its aim was to describe fair use in a way that was acceptable both to Congress and to the courts, and provide a more formal structure to what has previously been a patchwork of rulings and debates. Until 1976 there was a legislative vacuum in that area, and the courts were left to make it up as they went along. Section 107 allowed Congress to at least shape that doctrine while still working within the bounds of the Constitution. (Incidentally, in some cases it may have expanded fair use, as well.)

    --
    ~Idarubicin