Re: digital-copyright Digest 25 Mar 2004 16:00:00 -0000 Issue 355

["Glenn Folkvord \(Hyperion Media\)" <glenn@xxxxxxxxxxxx>]

----- Original Message ----- 
From: "John R. Tersigni" <jrt7@xxxxxxxxxxxxx>

> The real question is, did the party who published her site benefit
> financially
> from the post? If they did, then that's another matter. If the site was
used
> for educational purposes only, she has no case. Of course people can sue
for
> anything. Her lawyers better get a nice retainer, because she's going to
> lose if there's no profit involved.

I think you are oversimplifying things. It's not necessarily like you dont
have a case, just because there wasnt money involved. That's not at all how
it works.

Breaking the law is breaking the law, wether money was involved or not. It's
the penalty or compensation that may increase if there is money involved.
But you can still be jailed for non-profit violations unless you can use the
fair-use defence, which not all educational use falls under either.

Regards from Glenn Folkvord
Hyperion Media - arts and media development
glenn@xxxxxxxxxxxx