<div class="gmail_quote">On Sun, Mar 1, 2009 at 10:28 PM, Eric Sharkey <span dir="ltr"><<a href="mailto:eric@lisaneric.org">eric@lisaneric.org</a>></span> wrote:<br><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">
What we're saying in this discussion is that we think the terms requested<br>
by Hulu are onerous and as such we're going to treat their works using<br>
an "all rights reserved" license (i.e. no license). Fair use still applies and<br>
as long as no redistribution or public performance or any other<br>
prohibited activity takes place, it's all perfectly legal.<br>
</blockquote></div><br>My lay opinion is that this would not be considered fair use. USC 17 section 107 defines fair use:<br>"...the fair use of a copyrighted work, including such use by reproduction
in copies or phonorecords or by any other means specified by that
section, for purposes such as criticism, comment, news reporting,
teaching (including multiple copies for classroom use), scholarship, or
research, is not an infringement of copyright."<br><br>You're not doing any of that. You're simply seeking to avoid the conditions the copyright holder wants to impose. Two of the factors that count against you are that you're copying the entire work and that what you doing doesn't either advance knowledge or the progress of the arts. On the other hand it would be difficult to show an adverse effect on the value of the work since Hulu are giving it away for free.<br>
<br>Regards,<br>Steve<br><br><br>