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philwelch
on Sept 2, 2009
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I bought a CD, not a licensing agreement
Fair use rights lie in statutory and case law, not constitutional law. The DMCA is statutory law.
andreyf
on Sept 2, 2009
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What is the definition of statutory law that you're using?
philwelch
on Sept 2, 2009
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parent
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Fair use provisions are part of the US Code. The DMCA is also part of the US Code.
rubinass
on Sept 15, 2009
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They are part of the Code, but courts test what the code means all the time. Example: before the Sony Betamax case, there were the statutory provisions of fair use, but it was unclear how it applied to home taping.
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