One can stand theoretical correct, and yet make no sense in practice. Not attacking anyone, just in general.
Case: 'Oh what can happen, you get a take down notice, take it down an all is solved'. Theoretical correct, in practice .... take it down and you plain lose. I have seen projects taking down with the value of 8 years work for several people. Do not take it down and you are in a big war with a lot of damage and collateral damage. You can not win against class justice as a normal individual.
It smells like robbery, if put as "'Oh what can happen, you get a take down notice ....". Similar. One puts a gun to my head and says : "Give me your iPhone". If i give it, all is solved ? No harm done ?
Case: 'I am protected by Fair Use'. (We have a similar law, a bit better formulated). Can be theoretical totally correct. In practice you are never ever protected by Fair Use, unless you work for someone/something who is to big to fail. As individual you are never protected, because this is a law that needs interpretation:
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 nature of the copyrighted work;
- the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
- the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
This law fits perfect in a class justice. And will be always provoked that way.
Contrary to the constitutional guarantees of due process and equal protection of the laws and the etching “Equal Justice Under Law” on the Supreme Court building, the kind of justice people get in America’s courts depends very much upon the amount of money they can spend at an army of lawyers. That is reality. Not only in America. An upcoming trend here too.
My 2 small cents.