[thelist] Fair Use under US Copyright Law and Custom (was: Layout Stability)

Felix Miata mrmazda at ij.net
Tue Nov 13 12:44:40 CST 2007

On 2007/11/13 10:02 (GMT-0500) DAVOUD TOHIDY apparently typed:

> Phil Turmel wrote:

>> You are responding with hostility where Felix's 

> I am not taking offense at all. He is definitely trying to
> downgrade my portfolio purposely.

> He then gives two urls as below in his last post:

>> http://mrmazda.no-ip.com/SS/Davoto/sc-davoto3 (screenshot)
>> http://mrmazda.no-ip.com/SS/Davoto/sc-davoto-i3 (URL from which screenshot

> Please feel free to browse them. The second one "sc-davoto-i3",
> will take you to a screen capture. click on it to enlarge and
> get the URL from address bar of the screen capture.

> Here it is the URL :

> http://mrmazda.no-ip.com/SS/Davoto/sc-davoto3.html

That's the same page as http://mrmazda.no-ip.com/SS/Davoto/sc-davoto3 which
is something every astute web professional should have noticed if he had gone
to each, and thus would not have needed to mention as a digression from the
subject matter of a mailing list thread.

> Don't forget to see how he has manipulated my portfolio. 

> And don't forget to see the
>  " The quick brown fox jumps over the lazy dog" sentence
> which has been repeated many times just next to my picture.

I did not "manipulate your portfolio". I performed the function of an
educator and critic, making edits designed to demonstrate flaws in the design
and content of the original in order to demonstrate presentation and content
errors, and opportunities to improve the original. This falls under the
purview of copyright law exceptions as an acceptable and fair use of your web
page, something we do here on a routine basis, usually using a subject line
that includes "site check" or its equivalent. The relevant law is quoted below:

"Copyright Act of 1976, 17 U.S.C. § 107:

    "Notwithstanding the provisions of sections 106 and 106A, the fair use of
     a copyrighted work ... for purposes such as criticism, comment ...
     teaching ... is not an infringement of copyright."

If you take some time to examine http://mrmazda.no-ip.com/auth/Sites/davoto/
, which is the bottom portion of
http://mrmazda.no-ip.com/SS/Davoto/sc-davoto3 set underneath your own
"portfolio" page for the purpose of making a screenshot set in an identical
environment, you should be able to see that that is exactly what it is and
what I did. I hope you can improve your CSS coding, XHTML Freelancing,
Freelance web designing, and cross platform website Freelance Front End
Coding skills from it, so that someday you might become a competent
professional web designer and developer.
"   A patriot without religion . . . is as great a
paradox, as an honest man without the fear of God."
	                             John Adams

 Team OS/2 ** Reg. Linux User #211409

Felix Miata  ***  http://mrmazda.no-ip.com/

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