Fair use is a doctrine in the law of the United States that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement. Like "fair dealing" rights that exist in most countries with a British legal history, the fair use right is a general exception that applies all different kinds of uses with all types of works and turns on a flexible proportionality test that examines the purpose of the use, the amount used, the impact of the market on the original work; the innovation of the fair use right in US law is that it applies to a list of purposes, preceded by the opening clause "such as." This has allowed courts to apply it to technologies never envisioned in the original statute including Internet search, the VCR, the reverse engineering of software.
The 1710 Statute of Anne, an act of the Parliament of Great Britain, created copyright law to replace a system of private ordering enforced by the Stationers' Company. The Statute of Anne did not provide for legal unauthorized use of material protected by copyright. In Gyles v Wilcox, the Court of Chancery established the doctrine of "fair abridgement", which permitted unauthorized abridgement of copyrighted works under certain circumstances. Over time, this doctrine evolved into the modern concepts of fair dealing. Fair use was a common-law doctrine in the U. S. until it was incorporated into the Copyright Act of 1976, 17 U. S. C. § 107. The term "fair use" originated in the United States. Although related, the limitations and exceptions to copyright for teaching and library archiving in the U. S. are located in a different section of the statute. A similar-sounding principle, fair dealing, exists in some other common law jurisdictions but in fact it is more similar in principle to the enumerated exceptions found under civil law systems.
Civil law jurisdictions have other exceptions to copyright. In response to perceived over-expansion of copyrights, several electronic civil liberties and free expression organizations began in the 1990s to add fair use cases to their dockets and concerns; these include the Electronic Frontier Foundation, the American Civil Liberties Union, the National Coalition Against Censorship, the American Library Association, numerous clinical programs at law schools, others. The "Chilling Effects" archive was established in 2002 as a coalition of several law school clinics and the EFF to document the use of cease and desist letters. Most in 2006, Stanford University began an initiative called "The Fair Use Project" to help artists filmmakers, fight lawsuits brought against them by large corporations. Examples of fair use in United States copyright law include commentary, search engines, parody, news reporting and scholarship. Fair use provides for the legal, unlicensed citation or incorporation of copyrighted material in another author's work under a four-factor test.
The U. S. Supreme Court has traditionally characterized fair use as an affirmative defense, but in Lenz v. Universal Music Corp. the U. S. Court of Appeals for the Ninth Circuit concluded that fair use was not a defense to an infringement claim, but was an expressly authorized right, an exception to the exclusive rights granted to the author of a creative work by copyright law: "Fair use is therefore distinct from affirmative defenses where a use infringes a copyright, but there is no liability due to a valid excuse, e.g. misuse of a copyright." 17 U. S. C. § 107Notwithstanding the provisions of sections 17 U. S. C. § 106 and 17 U. S. C. § 106A, 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, news reporting, scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include: the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. The four factors of analysis for fair use set forth above derive from the opinion of Joseph Story in Folsom v. Marsh, in which the defendant had copied 353 pages from the plaintiff's 12-volume biography of George Washington in order to produce a separate two-volume work of his own; the court rejected the defendant's fair use defense with the following explanation: reviewer may cite from the original work, if his design be and to use the passages for the purposes of fair and reasonable criticism. On the other hand, it is as clear, that if he thus cites the most important parts of the work, with a view, not to criticize, but to supersede the use of the original work, substitute the review for it, such a use will be deemed in law a piracy... In short, we must often... look to the nature and objects of the selections made, the quantity and value of the materials used, the degree in which the use may prejudice the sale, or diminish the profits, or su
The 19th Indian Infantry Brigade was an infantry brigade formation of the Indian Army during World War II. It was formed in October, 1940 at Old Delhi in India and assigned to the 8th Indian Infantry Division. In August 1941, they took part in the Anglo-Soviet invasion of Iran. In September 1943, they moved to the Italian Front, coming under command of the 2nd New Zealand Division in November 1943 and the British 1st Infantry Division in December 1943. Apart from those two attachments the brigade remained with the 8th Indian Division for the remainder of the war. 3rd Battalion, 8th Punjab Regiment October 1940 to August 1945 1st Battalion, 1st Punjab Regiment December 1940 to November 1941 2nd Battalion, 6th Gurkha Rifles November 1940 to July 1942 1st Battalion, Essex Regiment December 1941 to May 1943 6th Battalion, 13th Frontier Force Rifles May to November 1942 and February 1943 to August 1945 5th Battalion, Essex Regiment May 1943 to March 1944 19th New Zealand Armoured Regiment November 1943 1st Battalion and Sutherland Highlanders February 1944 to June 1945 1st Battalion, Jaipur Regiment September to October 1944 List of Indian Army Brigades in World War II
OpenThinClient is an open-source thin client solution. It includes a Java-based server component; the software can be downloaded from the internet free of charge and is licensed under the GNU General Public License. OpenThinClient is being developed to administrate medium to large numbers of thin clients. Server centralized, reduces administrative work to a minimum, it only needs a NIC that supports PXE, but no local mass storage like Flash or HDD. It saves all config files in the LDAP database, integrated in the openThinClient server or in a MS ADS. Written in Java which enables the software to run on many different platforms, it is open-source software. The openThinClient OS is based on an Ubuntu Linux distribution, optimized for devices without hard disks. Booting and configuration are based on protocols like LDAP, DHCP, PXE, TFTP, NFS. open ThinClient provides a comprehensive Java based GUI which enables administrators to manage all aspects of the thin clients in their network. On top of that it makes the integration of MS ADS possible.
OpenThinClient differs from other thin client solutions in the following points: protocols based on industrial standards and technologies integrates itself seamless in existing system management solutions like LDAP and MS ADS powerful management GUI which supports many different thin clients needs no specialized thin client hardware different typical thin client applications exist as premade packages like ICA-Client and RDP-Client openthinclient.org English site openthinclient.org German site