Copying of intellectual property for commercial purposes, or to cheat someone out of their royalty is wrong. Napster users are wrong to take someone else's creation and send copies to all their friends or ciculate it on the internet. That to me is not fair use; it is software piracy (as you rightly call it) and we have no differences.
On the other hand posting an entire article to discuss or critique it is fair use in my opinion, and the Federal district court was wrong, both in its decision and in its characterization of FR as a commercial site.
The Seattle Times can't print a piece by Post reporter Ceci Connelly in their paper without paying for the service.
As well they should pay. The Times is taking the article and republishing it and charging their readers a fee to see it (where they can comment and discuss it among themselves if they so choose without further charge). So the Post should be reimbursed.
And comment and discussion of an article is exactly what we are doing at FR, except the medium is electronic not print. However, unlike print media, links to the original article disappear over time (go back to 9/11 FR articles and see how many links no longer work), or it can be altered at a later date. In a political forum, to hold the writers accountable, there must be an accurate record of what was originally published, and whole text articles are the best way to do that.
They get paid for hits, there's no subscription fee. And, it's not whether any of us would go to the post or Times site without seeing the content of the story ... but rather, how many of us would link into their site once the lead in is presented here? That's the issue.
You may have a point here. If revenue is based on internet site hits, there could be an impact, though the significance is unknown. Although I believe the First Amendment right to comment outweighs this, as I recall the lower court didn't agree.
And, no, I am not going to start my own website to post LA Times and Washington Post articles. As JohnRob said, there are other ways to ensure that we have access to original, un-altered, as-published material. And I expect to continue to support this site as my time and finances allow.
You know what my real problem is? There is an element here who value NOTHING outside their venal entitlements and grievences. They are incapable of nuance, discrimination or context. They appreciate no-one, they respect nothing and they believe in nothing.
And, they do nothing to support this site, either financially or as positive agents for change. I don't give a damn if you support Buchanan, Keyes, Phillips, Gore or Nader .... SUPPORT SOMETHING! Just being against Bush is no longer a position of respect. Because, it is now apparent that there are many who were against Bush the elder, Clinton, and Bush the younger. They are against everything, but that's not admirable. Knowing only what you are opposed to, feeling only that which imperils you, seeing only seige in the freest country in Human history is a sign of a emotional dysfunction - aka an insufferable prick.
I have never, in my life, encountered such a large group of absolutely graceless people. They are incapable of optimism or generosity. There's no upside to this crew. They pollute and poison everything in their proximity. They're dung beetles rolling the balls. Locusts.
I'd never hire these people for the most desperately needed job in my place. NEVER! Pernicious viruses to the team, all. This was a really positive thread, responding to really positive news and courageously wise management by the host, but you couldn't abide that uptempo mojo, could you Dave? You had to confront Jim with your injury and disillusionment. BIOYA. Jim is too kind to rebuke you, but your analysis of his options and legal standing was as compelling as Mike Tyson breaking down a chess move: "That horsth head isth asth big asth a casthle. Where'd the restht of histh body go ... heeeee?" The obsessive buzz killers are what annoy me about this place lately. It's like listening to a dentist drill.
Well, I can't change bitter hearts. I can, however, hit the link on every post I encounter to one of the smaller sites who serve us well. We should all return our productive gestures as people of honor, understanding and consrevative fellowship. Hit the damn link, even if the whole text is posted. I will.