Re: Neat summary of Google strategy

>>  there's a tacit
>> agreement (which some would like to abrogate) that if you publish it
>> on
>> a Web page, people are allowed to make copies for non-commercial
>> personal use.  You pretty much have to, to read it.
>>
>
>
> It's not tacit at all: it's case law. The copy required for indexing
> and making things available for searching is fair use.

Exactly, Marion. It is case law, been a while since I knew which case,  
but I remember that there was one.

> BUT copies for non-commercial personal use? May well NOT be fair use,
> depending on the specifics.
>
> And many of the things that people think are non-commercial personal
> use aren't, if you get into a courtroom.

But there are also many, many things which have never been and will  
never be litigated. "Tacit" is an imperfect word, but it's not wholly  
inaccurate in every case. I don't think proxy servers have ever been  
litigated (and I would hope that any judge would say, "doofus, this is  
how the web WORKS," but you never know). But thumbnail images have  
been litigated: that porno outfit v Google, and I forget what the  
outcome was. Didn't the porno guys win?

dej

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