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*Maybe TNR subscriptions are down because of great journalists like Stephen Glass.  Maybe some of us didn't want to register with an organization that let inflammatory and unbelievable stories into print as fact.  Maybe we are not interested in being spammed by frauds.
*Also, I didn't see much discussion at all as to whether this truly was a copyright violation.  For those of us who have not suffered through such courses...was it?
**There are at least two provisions under which it might fall. One (17 USC 110(2)) is a provision under which a teacher can "perform" or "display" (which arguably includes posting on the Web) material for the use of his or her class, at least if the copy they provide is lawfully made and the instructor uses whatever technological measures are feasible to limit distribution to members of his or her class (at least one of which is not the case here). The other (17 USC 107) is the fair use doctrine, which involves a balancing test that is debatable in this case, but in my opinion would more likely than not favor Peretz.
**Section 107 specifically lists distribution of copies of materials to students as an example fair use.  This doesn't mean that any distribution by a teacher is per se fair use, but it suggests that Nesson's actions were closer to the core of "fair use."  I think the fact that the posting was available to the entire world, not just students in Evidence, might undercut this.  Also note that Fisher failed to come down on whether; he was strongly advocating that Nesson not engage in this behavior from a moral perspective.  Maybe he didn't want to send a mixed message, so he refrained from making a legal prediction.
*I thought CRN's tip jar idea got rather short shrift. Do people think such a business model (in addition to advertising and possibly free registration) could have vitality? Or are people spoiled and stingy enough that TNR would end up with pennies in the tip jar?

Return to Peretz v. Nesson Thoughts.

Retrieved from "http://cyber.law.harvard.edu/cyberlaw2005/Peretz_v._Nesson_Thoughts"

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