RobinZ comments on Over-encapsulation - Less Wrong
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Are you in the U.S.? According to the U.S. Copyright Office:
Edit: Naturally, your point is apt - I'm just pointing out that there are fair-use exemptions that are often applicable. (I'm not sure hotlinking substantial amounts of copyrighted material is safe, but I Am Not A Lawyer.)
That's a good point. Though I note that "fair use" is not something you can rely on in the US. Try releasing a documentary film where you can overhear someone walking past playing a Michael Jackson song for 10 seconds, and see how much protection fair use gives you.
Well, you might win your court case, but it won't keep you from having to pay legal fees.