• Fair use does cover creative endeavors, that is true, but on the internet everyone claims fair use about just about everything. The silliest examples are the people pasting fair use case text underneath entire videos and songs they’ve ripped and uploaded to Youtube as if it’s some kind of spell to keep the RIAA away.

    Creative work, like parodies, reviews, and quotes, are allowed, but there are also strong limits on this depending on the context. Music sampling, for example, is not fair use, even if you use short bits, and is subjected to licensing deals from music studios, even if you recorded them from the radio.

    What I was responding to here is the idea that of running an automated program on information shared without permission. In that case, the fair use argument becomes very difficult to make, in my opinion. Search engines and other forms of analysis is definitely allowed, but those copies are provided through legitimate means. Downloading articles from behind a paywall and sharing them isn’t the same as indexing publicly available web pages.

    • Even_Adder@lemmy.dbzer0.com
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      1 year ago

      What I was responding to here is the idea that of running an automated program on information shared without permission. In that case, the fair use argument becomes very difficult to make, in my opinion. Search engines and other forms of analysis is definitely allowed, but those copies are provided through legitimate means. Downloading articles from behind a paywall and sharing them isn’t the same as indexing publicly available web pages.

      I’m not saying you should get anything through illicit means, you could just view the web page yourself rather than sending it to anyone else. For example LAION, provides links to internet data, they don’t download or copy content from sites. By visiting it yourself, you’d dodge all those problems.