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	<title>Comments on: Preservation Entities Should Ignore Copyright</title>
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	<link>http://blog.grossmeier.net/2008/07/18/preservation-entities-should-ignore-copyright/</link>
	<description>The Blog of Bringing Things Together</description>
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		<title>By: Recent URLs tagged Standards - Urlrecorder</title>
		<link>http://blog.grossmeier.net/2008/07/18/preservation-entities-should-ignore-copyright/comment-page-1/#comment-5203</link>
		<dc:creator>Recent URLs tagged Standards - Urlrecorder</dc:creator>
		<pubDate>Tue, 07 Apr 2009 07:46:14 +0000</pubDate>
		<guid isPermaLink="false">http://blog.grossmeier.net/?p=49#comment-5203</guid>
		<description>[...] recorded first by timelessinfinitude on 2009-02-24&#8594; Greg Grossmeier: Preservation Entities Should Ignore Copyright [...]</description>
		<content:encoded><![CDATA[<p>[...] recorded first by timelessinfinitude on 2009-02-24&rarr; Greg Grossmeier: Preservation Entities Should Ignore Copyright [...]</p>
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		<title>By: Matthew Helmke: What is more important to the human race? &#124; Christian eBuddy Blog</title>
		<link>http://blog.grossmeier.net/2008/07/18/preservation-entities-should-ignore-copyright/comment-page-1/#comment-100</link>
		<dc:creator>Matthew Helmke: What is more important to the human race? &#124; Christian eBuddy Blog</dc:creator>
		<pubDate>Tue, 22 Jul 2008 20:00:40 +0000</pubDate>
		<guid isPermaLink="false">http://blog.grossmeier.net/?p=49#comment-100</guid>
		<description>[...] to Greg and his blog post for the story. Some of you have seen his post already, but I have several friends and readers who [...]</description>
		<content:encoded><![CDATA[<p>[...] to Greg and his blog post for the story. Some of you have seen his post already, but I have several friends and readers who [...]</p>
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		<title>By: Phil</title>
		<link>http://blog.grossmeier.net/2008/07/18/preservation-entities-should-ignore-copyright/comment-page-1/#comment-99</link>
		<dc:creator>Phil</dc:creator>
		<pubDate>Mon, 21 Jul 2008 18:22:26 +0000</pubDate>
		<guid isPermaLink="false">http://blog.grossmeier.net/?p=49#comment-99</guid>
		<description>Greg: I think in the case of email delivery, fair use comes into play.

Fair use says that some uses are legal even though they&#039;re not explicitly allowed. Backups of material you are already licensed to are covered by fair use, even if (for instance) a piece of software&#039;s EULA says otherwise. I&#039;m pretty sure email delivery falls under this as well.

Unfortunately it&#039;s not very well spelled-out, but you should be aware of your rights under fair use as they supercede regular copyright restrictions in many cases: http://en.wikipedia.org/wiki/Fair_use</description>
		<content:encoded><![CDATA[<p>Greg: I think in the case of email delivery, fair use comes into play.</p>
<p>Fair use says that some uses are legal even though they&#8217;re not explicitly allowed. Backups of material you are already licensed to are covered by fair use, even if (for instance) a piece of software&#8217;s EULA says otherwise. I&#8217;m pretty sure email delivery falls under this as well.</p>
<p>Unfortunately it&#8217;s not very well spelled-out, but you should be aware of your rights under fair use as they supercede regular copyright restrictions in many cases: <a href="http://en.wikipedia.org/wiki/Fair_use" rel="nofollow">http://en.wikipedia.org/wiki/Fair_use</a></p>
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		<title>By: Greg</title>
		<link>http://blog.grossmeier.net/2008/07/18/preservation-entities-should-ignore-copyright/comment-page-1/#comment-95</link>
		<dc:creator>Greg</dc:creator>
		<pubDate>Sat, 19 Jul 2008 19:44:47 +0000</pubDate>
		<guid isPermaLink="false">http://blog.grossmeier.net/?p=49#comment-95</guid>
		<description>Wolfger: you&#039;re right in your thinking and that exposes one of the main flaws with copyright law in the &quot;information age.&quot;  If you were following the law to the letter, then every &quot;copy&quot; of your email/blog post would be an infringement (both to harddisk, ram, cpu cache, network card cache, videocard memory, etc).

Luckily, people aren&#039;t THAT dumb.  They are close to that dumb, but not quit.  The reason it doesn&#039;t really come up is that if there is a case of infringement on a computer, the people sue for the unlawful replication that they can prove; like the song on your harddisk.  I believe, but have no basis for, that if the suing entity then told the judge they wanted to multiply the damages by 6 because the infringer&#039;s computer made a copy in memory 6 times because that is how many times they played it, the judge _probably_ wouldn&#039;t let that fly.

Also, ISPs are considered a &quot;safe harbor&quot; under the DMCA; check out the Chilling Effects website FAQ: http://www.chillingeffects.org/dmca512/faq.cgi</description>
		<content:encoded><![CDATA[<p>Wolfger: you&#8217;re right in your thinking and that exposes one of the main flaws with copyright law in the &#8220;information age.&#8221;  If you were following the law to the letter, then every &#8220;copy&#8221; of your email/blog post would be an infringement (both to harddisk, ram, cpu cache, network card cache, videocard memory, etc).</p>
<p>Luckily, people aren&#8217;t THAT dumb.  They are close to that dumb, but not quit.  The reason it doesn&#8217;t really come up is that if there is a case of infringement on a computer, the people sue for the unlawful replication that they can prove; like the song on your harddisk.  I believe, but have no basis for, that if the suing entity then told the judge they wanted to multiply the damages by 6 because the infringer&#8217;s computer made a copy in memory 6 times because that is how many times they played it, the judge _probably_ wouldn&#8217;t let that fly.</p>
<p>Also, ISPs are considered a &#8220;safe harbor&#8221; under the DMCA; check out the Chilling Effects website FAQ: <a href="http://www.chillingeffects.org/dmca512/faq.cgi" rel="nofollow">http://www.chillingeffects.org/dmca512/faq.cgi</a></p>
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		<title>By: Matthew Helmke (dot) Net &#187; What is more important to the human race?</title>
		<link>http://blog.grossmeier.net/2008/07/18/preservation-entities-should-ignore-copyright/comment-page-1/#comment-94</link>
		<dc:creator>Matthew Helmke (dot) Net &#187; What is more important to the human race?</dc:creator>
		<pubDate>Sat, 19 Jul 2008 16:05:29 +0000</pubDate>
		<guid isPermaLink="false">http://blog.grossmeier.net/?p=49#comment-94</guid>
		<description>[...] to Greg and his blog post for the story. Some of you have seen his post already, but I have several friends and readers who [...]</description>
		<content:encoded><![CDATA[<p>[...] to Greg and his blog post for the story. Some of you have seen his post already, but I have several friends and readers who [...]</p>
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		<title>By: Wolfger</title>
		<link>http://blog.grossmeier.net/2008/07/18/preservation-entities-should-ignore-copyright/comment-page-1/#comment-93</link>
		<dc:creator>Wolfger</dc:creator>
		<pubDate>Sat, 19 Jul 2008 11:39:10 +0000</pubDate>
		<guid isPermaLink="false">http://blog.grossmeier.net/?p=49#comment-93</guid>
		<description>So how exactly does copyright law apply to ISPs and such? When I sent an e-mail, it makes several jumps to several different servers before it reaches its destination. I can&#039;t point to any particular piece of evidence, but I most certainly recall hearing that the e-mail is not deleted-without-a-trace after it departs one server for the next. Of course, the contents of my e-mail (and my blog post comments :) are copyrighted materials, and only the intended recipient has any right to it as I understand copyright law...</description>
		<content:encoded><![CDATA[<p>So how exactly does copyright law apply to ISPs and such? When I sent an e-mail, it makes several jumps to several different servers before it reaches its destination. I can&#8217;t point to any particular piece of evidence, but I most certainly recall hearing that the e-mail is not deleted-without-a-trace after it departs one server for the next. Of course, the contents of my e-mail (and my blog post comments :) are copyrighted materials, and only the intended recipient has any right to it as I understand copyright law&#8230;</p>
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