Comments on: 7th Cir.: P2P Downloading Is Not Fair Use http://www.joegratz.net/2005/12/10/7th-cir-p2p-downloading-is-not-fair-use/ Joe Gratz's blog Sun, 10 Feb 2008 03:55:04 +0000 hourly 1 http://wordpress.org/?v=3.3 By: Seth Finkelstein http://www.joegratz.net/2005/12/10/7th-cir-p2p-downloading-is-not-fair-use/comment-page-1/#comment-603 Seth Finkelstein Sun, 11 Dec 2005 15:28:19 +0000 http://www.joegratz.net/?p=737#comment-603 [Clarification: "*at all*" excepting the complex nonprofit provision for “innocent infringer” , but for everyone else] [Clarification: "*at all*" excepting the complex nonprofit provision for “innocent infringer” , but for everyone else]

]]> By: Seth Finkelstein http://www.joegratz.net/2005/12/10/7th-cir-p2p-downloading-is-not-fair-use/comment-page-1/#comment-602 Seth Finkelstein Sun, 11 Dec 2005 15:25:09 +0000 http://www.joegratz.net/?p=737#comment-602 Sadly, I think she got hoist on her own petard with regard to the "access" point. If her defense argument is that she was “just sampling music to determine what she liked enough to buy at retail.”, that's basically, in practice, admitting she had convenient "access" to CD copies - otherwise, how was she going to buy the CD's? Thinking about this, for sound, there doesn't seem to be an "innocent infringer" defense on the basis of good-faith belief in fair use, *at all*! It only seems to apply to the issue of whether or not the material is in fact under copyright. Sadly, I think she got hoist on her own petard with regard to the “access” point. If her defense argument is that she was “just sampling music to determine what she liked enough to buy at retail.”, that’s basically, in practice, admitting she had convenient “access” to CD copies – otherwise, how was she going to buy the CD’s?

Thinking about this, for sound, there doesn’t seem to be an “innocent infringer” defense on the basis of good-faith belief in fair use, *at all*! It only seems to apply to the issue of whether or not the material is in fact under copyright.

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