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Digital BW, The Print

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RE: Posting Copyrighted material was: Re: [Digital BW] "Does a Painter With a Camera Cheat?"

2002-06-17 by Tim Atherton

> Martin, I'm curious as to why you think posting material to a free
> group from which no profit is generated violates the fair use doctrine.
> I think Doug was well with in his rights, and well within the NYT's
> rights.
>

Firstly, it most likely isn't fair use as it is defined. Or if it is, it
would be a pretty tough argument to make.

However, the NYTimes (like many newspapers) actually encourages and enables
you to e-mail the whole article via it's website system. They don't appear
to put limits on who or what you can e-mail it to (I can see nothing saying
you have to email it to a single friend - for example). So, they seem to
encourage the promulgating. So in this case, I think you'd have to make a
pretty strong case that posting it isn't permitted.

tim

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