Re: Beall-Steal 2001

While I'd say it's good that we have some
differing perspectives on this forum, as a lawyer and ex-QB
player, I just had to correct a few of the misconceptions
MC has about legal issues. In many fields, a little
knowledge is a dangerous thing, and the law is no different
; you can also get the idea by watching a few court
shows. 

" BUT. it is my understanding (correct me
if i'm wrong) that under copyright law, the
"author," as a defined term, of a work is the person who
originally created the work, and it is only he/she or the
executor's of his/her estate that can and should make any
accusations... the fact that you have "beef," so to speak, with
chip's questions really means nothing, unless you are he
who wrote that particular question."

While it
is true that Matt may not _sue_ Chip Beall
personally on a copyright claim unless/until he pilfers one
of Matt's questions (and some other things happen,
but that's another matter) or if Matt for some reason
obtains the rights to some pilfered question, he can
_accuse_ all he wants. And if it can be proven true, Matt
would be immune to any claim of any type of defamation
(slander, libel, etc.) ; truth is an absolute defense to
any defamation action. 

If Matt were a
customer of QU, and QU had made any claims about question
integrity (explicit or implicit) and was found to violate
them, he might have a case for breach of contract,
false advertising, misrepresentation, and possibly even
fraud, depending on the extent and nature of the
violation. 

" secondly, under what they call "fair
use policy," chip can probably get away with copying
a question or two, given the
 circumstances. 1)
he's technically working under the umbrella of
"advancing and/or promoting education and/or
scholasticism."
 they kind of like to favor that sort of
thing."

In a word, no.

While the law of "fair use"
has few absolutes, and its history is peppered with
gray-area "equity" judgments, here's one you can take to
the bank : 
 If you take from a copyrighted work
something of value, attempt to pass it off as your own as
part of a commercial venture in such a way as to
undermine its inherent value (monetary or otherwise), a
"fair use" defense will about as useful to you as
mosquito repellent in Antarctica. 

He was not using
the questions to criticize or report on them (as a
book review or a news report might do), he was not
copying for research or schloarship purposes (as an
academic journal might do), and his motive was not as an
educator (a quiz team at a practice is using questions for
education ; a program or a company hosting a tournament for
which it charges admission fees is not) but as a
merchant. 

" P.S. people should probably watch what
they say, since some of the stuff in this dogpile of a
topic is potentially libelous."

Again, not to
belabor the point, but truth (if the comments are true)
is a defense to libel. 

-Tim Young

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