Tag Archives: fair use

derivative works on intelligent design

two great tastes that taste great together: (critiquing) intelligent design, and derivative works.

Ernie Miller rewrote Pastor Niemöller’s classic work for the modern era of attacks on science:

First they came after biology
and I did not speak out
because I was not a biologist

Then they came after geology
and I did not speak out
because I was not a geologist

Then they came after astronomy
and I did not speak out
because I was not an astronomer

They they came after my discipline
and there was no one left
to speak out for my discipline.

First, I love this; what an excellent point. The sooner all rationalists figure out that ID is an attack on reason, education, and the scientific method, the better.

But I can’t help but note that, viewed in light of the annoying Dr. Seuss case, Prof. Miller’s re-worked version probably falls on the wrong side of the infamous parody/satire distinction. And Siva has republished it! (The original poem seems to have been written in 1938 & so barring complications of international publication, renewal, etc., I presume it is still under copyright.) Clearly the seemingly straight & narrow path of copyright balance leads directly to Flamboyant Copyright Anarchy! Truly, we are all casual copyright infringers now.

info cases

privacy:

copyright:

  • Compaq v. Ergonome, 5th Cir., 10/5. The 5th Circuit affirmed a $2.7 million award of attorney’s fees to the alleged infringer.

    On July 11, 2001, after a seven-day trial, the jury concluded that any copying by Compaq was de minimis and constituted fair use according to 17 U.S.C. &sec; 107. The district court subsequently held that the doctrines of laches and equitable estoppel also barred Ergonome’s claim. Based on these findings, the district court awarded Compaq its attorneys’ fees of $2.7 million.

    The 5th Circuit reviewed only the fair use finding, which it affirmed. In combination with Diebold‘s DMCA 512(f) slap at silly claims, the backlash against copyright misusers’ seems to be going full speed ahead.