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fan_film_factor [2016/10/27 06:12] – created Carlos Pedraza | fan_film_factor [Unknown date] (current) – external edit (Unknown date) 127.0.0.1 | ||
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<wrap em> | <wrap em> | ||
- | [{{ :: | + | [{{ :: |
===== Bounty of Information ===== | ===== Bounty of Information ===== | ||
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Lane's recounting of the defense case rests on two pillars: | Lane's recounting of the defense case rests on two pillars: | ||
+ | |||
+ | <WRAP right box 50%> | ||
+ | //**__« Axanar' | ||
+ | </ | ||
+ | |||
- Minimal actual damages | - Minimal actual damages | ||
- Innocent infringement | - Innocent infringement | ||
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=== Actual Harm === | === Actual Harm === | ||
- | Market harm is only one of the four factors to be weighed in a fair use analysis, and while it's important, market harm and actual damages are not synonymous, and Jonathan | + | Market harm is only one of the four factors to be weighed in a fair use analysis, and while it's important, market harm and actual damages are not synonymous, and Lane seems to be equating the two. |
Lane characterized the plaintiffs' | Lane characterized the plaintiffs' | ||
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Furthermore, | Furthermore, | ||
- | **Stealing From the Rich**. Axanar' | + | **Stealing From the Rich**. Axanar' |
The very essence of copyright is that no one gets to control your intellectual property but you; no one gets to earn income from your intellectual property but you. Fair use is the exception that proves the rule. | The very essence of copyright is that no one gets to control your intellectual property but you; no one gets to earn income from your intellectual property but you. Fair use is the exception that proves the rule. | ||
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Also, it's important to remember that this is a civil case. The plaintiffs don't have to prove Peters' | Also, it's important to remember that this is a civil case. The plaintiffs don't have to prove Peters' | ||
- | + | ==== Financial Incentive | |
- | === Financial Incentive === | + | |
Finally, Lane continued to portray the lawsuit as a loser for CBS and Paramount because they likely will see little money from Axanar were the studios to win. The trouble is, it's not clear CBS and Paramount are after money. Since they received a copy of Axanar' | Finally, Lane continued to portray the lawsuit as a loser for CBS and Paramount because they likely will see little money from Axanar were the studios to win. The trouble is, it's not clear CBS and Paramount are after money. Since they received a copy of Axanar' |