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	<title>Comments on: Inchoate Relicensing</title>
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	<link>http://www.symphonious.net/2005/07/03/inchoate-relicensing/</link>
	<description>Living in a state of accord.</description>
	<pubDate>Thu, 04 Dec 2008 03:44:07 +0000</pubDate>
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		<title>By: aj</title>
		<link>http://www.symphonious.net/2005/07/03/inchoate-relicensing/#comment-7060</link>
		<dc:creator>aj</dc:creator>
		<pubDate>Sun, 03 Jul 2005 09:50:12 +0000</pubDate>
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		<description>Thanks Kim, that helps a lot.</description>
		<content:encoded><![CDATA[<p>Thanks Kim, that helps a lot.</p>
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		<title>By: Kim Weatherall</title>
		<link>http://www.symphonious.net/2005/07/03/inchoate-relicensing/#comment-7059</link>
		<dc:creator>Kim Weatherall</dc:creator>
		<pubDate>Sun, 03 Jul 2005 08:33:34 +0000</pubDate>
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		<description>/What if I quote the whole entry and comment on each paragraph?/

If you do that, and you are commenting on each paragraph, I reckon you'd be ok, because that would be fair dealing for the purposes of criticism or review (see &lt;a href="http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s41.html" rel="nofollow"&gt;section 41 of the Copyright Act&lt;/a&gt;.  According to &lt;i&gt;The Panel&lt;/i&gt; case, the issue here is whether you are really 'passing judgment' on the post - which in my experience, most people do when they decide to comment on a blogpost like that.  So I reckon that would be fair.

Importantly, &lt;i&gt;the Creative Commons Licenses are deliberately written &lt;b&gt;not&lt;/b&gt; to interfere with fair dealing rights&lt;/i&gt;.  So the license doesn't affect the fact that the Copyright Act lets you do that kind of copying, AJ.  (not like some EULAs, which are designed to override fair dealing/fair use type rights).

/How is the average Joe supposed to work out all this/

Ah, now that's the real question.  That's the problem with the whole license/Creative Commons idea.  Even if you try to make it really, really simple - it's still just confusing in the end.  We would be better off getting the Copyright Act right (and making it more generous) than relying on the whole contract thing - which is such a very American solution to a problem!</description>
		<content:encoded><![CDATA[<p>/What if I quote the whole entry and comment on each paragraph?/</p>
<p>If you do that, and you are commenting on each paragraph, I reckon you&#8217;d be ok, because that would be fair dealing for the purposes of criticism or review (see <a href="http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s41.html" rel="nofollow">section 41 of the Copyright Act</a>.  According to <i>The Panel</i> case, the issue here is whether you are really &#8216;passing judgment&#8217; on the post - which in my experience, most people do when they decide to comment on a blogpost like that.  So I reckon that would be fair.</p>
<p>Importantly, <i>the Creative Commons Licenses are deliberately written <b>not</b> to interfere with fair dealing rights</i>.  So the license doesn&#8217;t affect the fact that the Copyright Act lets you do that kind of copying, AJ.  (not like some EULAs, which are designed to override fair dealing/fair use type rights).</p>
<p>/How is the average Joe supposed to work out all this/</p>
<p>Ah, now that&#8217;s the real question.  That&#8217;s the problem with the whole license/Creative Commons idea.  Even if you try to make it really, really simple - it&#8217;s still just confusing in the end.  We would be better off getting the Copyright Act right (and making it more generous) than relying on the whole contract thing - which is such a very American solution to a problem!</p>
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