The Nizkor Project: Remembering the Holocaust (Shoah)

Shofar FTP Archive File: people/g/giwer.matt/lies/lie-legislative-history

From Fri Sep  6 11:32:27 PDT 1996
Article: 62977 of alt.revisionism
From: (Yale F. Edeiken)
Newsgroups: alt.revisionism
Subject: Re: SHOW YOUR SUPPORT - sign on here
Date: 6 Sep 1996 04:15:31 GMT
Organization: ENTER.NET
Lines: 75
Message-ID: <50o8h3$>
References: <50mf7s$>
X-Newsreader: SPRY News 3.03 (SPRY, Inc.)

> (Matt  Giwer) writes:

>  	It is great to read so many people support criminal copyright
>  violation and conspiract to same.  

	Violations of the copyright law are not criminal violations.
>  	Even Edeiken knows that the legislative history of "educational
>  purposes" does not support Nizkor but he publically posts a legal
>  opinion that such copyright violation is within the law.  

	This is an outright lie.

	I have never posted a legal opinion on copyright law.  I have never 
given one privately.  There is a simple reason for this.  The Copyright Law was 
radically amended in 1988 to conform with the Berne Convention  and I had not 
even read it until this morning.

	What I found is that you were lying.   First, the "legistlative history" is not 
quite relevant.  The Historical Notes (taken From Notes of Committee on the 
Judiciary, House report 94-1476 --- the relevant legislative history) printed with the 
statute to explain it state:

 "Section 107 is intended to restate the present judicial doctrine of fair use, not to 
change, narrow, or enlarge it in any way."

	Thus the judicial interpretation of "fair use" which was *never* restricted 
to classroom use is very relevant as legislative history.

	It should be noted that the Report also states " . . . the endless variety of 
situations and combinations of circumstances that can rise in particular cases 
precludes the formulation of exact rules in the statute.  The bill endorses the 
purpose and general scope of the judicial doctrine of fair use, but there is no 
disposition to freeze the doctrine in the statute, especially during a period of rapid 
technological change.  Beyond a very broad statutory explanation of what is fair 
use is and some of the criteria applicable to it, the courts must be free to adapt the 
doctrine to particular situations on a case-by-case basis."

	The report later states: "Although the works and uses to which the 
doctrine of fair use is applicable are as broad as the copyright law itself, most of the 
discussion of section 107 has centered around questions of classroom 
reproduction, particularly photocopying"

	It defines the scope of the section as being: "the comittee has not only 
adopted further amendments to section 107 but has also amended section 504 (c) 
to provide innocent teachers and other non-profit users of copyrighted material with 
broad insulation against unwarranted liability for infringement."

	Perhaps it is me, but the normal English interpretation of the phrase 
"innocent teachers and other non-profit users" would indicate that the legislative 
history is *not* limited to classroom situations.

	I notice that you announce what the "legislative history" is but do not 
quote it so that others may see what you are talking about.  In this case, of course, 
the "legislative history" would include the judicial precedents which it specifically 
embodies.  A quick check of the annotations revealed no holding that fair use is 
limited, as you state, to classrooms.  Several of the cases applied in to 
non-classroom situations.

	I would ask for some citations of the cases that support your 
interpretation, but that is a fruitless exercise.  It is apparent that you do not know 
what you are talking about.

>  	It is just one more thing to report the the Penn SC.  

	Please do.  Please tell them that I am an evil person because I quoted 
the legislative history that directly contradicts you ipse dixit statement.  Your 
deposition on that point should be very humorous.

	I can't wait.


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