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What will Masterplan be after the C&D?
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<blockquote data-quote="tomBitonti" data-source="post: 5188688" data-attributes="member: 13107"><p>Hi,</p><p></p><p>Aren't temporary copies made in the course of transmitting data, including temporary caches, considered fair use?</p><p></p><p>There are so many example of where "playing" or "presenting" data requires copies of that data as a normal part of using that data. You would otherwise get in trouble for something as simple as caching data for a window which is hidden behind another, or, say, caching the data for a page that is currently not the active page in firefox.</p><p></p><p>Also, isn't the quantity and purpuse of the copy of data which made very very important as to whther the copy is allowed under fair use? My understanding is that the quantity and purpose of the copy is entire relevant to the decision -- to the point of being presented in a listing of fair use guidelines used in court decisions?</p><p></p><p>What that is to say, if MasterPlan retains a copy of information which was downloaded from DDI for longer than is necessary for efficient immediate use of the data, that would seem to easily be of a different character than a very temporary cache of the data that was retained only so long as the data was immediately in use, especially if the cache data was removed fairly quickly following the immediate use.</p><p></p><p>Also, speaking in terms of "data" where the data includes copywritten text seems to be to speak incorrectly. Calling something "data" while omitting the attached copyright seems to be (fairly egregiously) missing a main issue.</p><p></p><p>This is not to say that having Masterplan removed from use is providing the maximum immediate utility to 4E players. On the one hand, having Hasbro acquire the tool would seem to be win-win, if the tool creates and Hasbro could come to some accommodation. (On the other hand, I'm not holding my breath for that.)</p><p></p><p>Thx!</p><p></p><p>TomB</p></blockquote><p></p>
[QUOTE="tomBitonti, post: 5188688, member: 13107"] Hi, Aren't temporary copies made in the course of transmitting data, including temporary caches, considered fair use? There are so many example of where "playing" or "presenting" data requires copies of that data as a normal part of using that data. You would otherwise get in trouble for something as simple as caching data for a window which is hidden behind another, or, say, caching the data for a page that is currently not the active page in firefox. Also, isn't the quantity and purpuse of the copy of data which made very very important as to whther the copy is allowed under fair use? My understanding is that the quantity and purpose of the copy is entire relevant to the decision -- to the point of being presented in a listing of fair use guidelines used in court decisions? What that is to say, if MasterPlan retains a copy of information which was downloaded from DDI for longer than is necessary for efficient immediate use of the data, that would seem to easily be of a different character than a very temporary cache of the data that was retained only so long as the data was immediately in use, especially if the cache data was removed fairly quickly following the immediate use. Also, speaking in terms of "data" where the data includes copywritten text seems to be to speak incorrectly. Calling something "data" while omitting the attached copyright seems to be (fairly egregiously) missing a main issue. This is not to say that having Masterplan removed from use is providing the maximum immediate utility to 4E players. On the one hand, having Hasbro acquire the tool would seem to be win-win, if the tool creates and Hasbro could come to some accommodation. (On the other hand, I'm not holding my breath for that.) Thx! TomB [/QUOTE]
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