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Is This Fair Use or Not?
The transition of fair use into actual statutory law, as opposed to judges sort of making up on the fly, happened in the fifties. The whole thing about fair use is that it is sort of, i know it when i see it, right? There's a four factor test that everybody applies, but the fourth factor is sort o like ye and whatever else we want to throw in at the time,. That's because the whole point of it is what people may be doing something new and different and innovative with this stuff. We don't want authors to be able to block that if we think it's a good idea."