…

…

My guess is that legal troubles will take down the easy targets such as those providing this service (feedpass) but that the one-off operators will continue to fly below the radar. After all, if I found out that someone had claimed my feed and was making money off of it… in the litigious US I’d ask for damages from all parties involved.

My guess is that legal troubles will take down the easy targets such as those providing this service (feedpass) but that the one-off operators will continue to fly below the radar. After all, if I found out that someone had claimed my feed and was making money off of it… in the litigious US I’d ask for damages from all parties involved.

I’m glad that you liked the article.

As far as the character of the use goes, I admit that there’s some room for debate. I had considered that very point but decided that, since the content being reused wasn’t part of the educational section, meaning the elements were separate, the actual reuse wouldn’t likely be considered for educational use.

Of course, I’m sure that a lawyer for Feedpass would argue exactly as you did and, feasibly, could win. However, many courts have come down hard on commercial but also educational use of work. Recent cases involving copies of coursepacks have driven the point home.

Long story short, in recent case law, teachers, librarians and professors get leeway while others do not. The definition of “educational” fair use has been restricted, often unduly so, and would be a difficult play, as I see it at least.

Personally, I’d focus more on the market impact and the amount taken as they clearly favor Feedpass.

Once again though, there is always room for disagreement and we’re always waiting on the next brilliant lawyer to change case law in this area.

Fair use is always in flux, one of the reasons it is so interesting and so hard to talk about.

I’m glad that you liked the article.

As far as the character of the use goes, I admit that there’s some room for debate. I had considered that very point but decided that, since the content being reused wasn’t part of the educational section, meaning the elements were separate, the actual reuse wouldn’t likely be considered for educational use.

Of course, I’m sure that a lawyer for Feedpass would argue exactly as you did and, feasibly, could win. However, many courts have come down hard on commercial but also educational use of work. Recent cases involving copies of coursepacks have driven the point home.

Long story short, in recent case law, teachers, librarians and professors get leeway while others do not. The definition of “educational” fair use has been restricted, often unduly so, and would be a difficult play, as I see it at least.

Personally, I’d focus more on the market impact and the amount taken as they clearly favor Feedpass.

Once again though, there is always room for disagreement and we’re always waiting on the next brilliant lawyer to change case law in this area.

Fair use is always in flux, one of the reasons it is so interesting and so hard to talk about.