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How Many Words is Fair Use? Maybe More Than You and AP Thought: Let's Look at a Righthaven Case

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Special Forums News, Links, Events and Announcements UNIX and Linux RSS News How Many Words is Fair Use? Maybe More Than You and AP Thought: Let's Look at a Righthaven Case
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Old 09-22-2010
How Many Words is Fair Use? Maybe More Than You and AP Thought: Let's Look at a Righthaven Case
There is an interesting ruling [PDF] in a Righthaven copyright infringement case, one of its tidal wave of copyright infringement cases against bloggers in Nevada, Righthaven v. Klerks et al. Techrights highlights that the ruling indicates that the judge is willing to listen to the defendants' argument that there was an implied license. It's also a case asserting fair use. Anyone blogging would do well to read it, so I have it as text for you.
A reader had copied and pasted an entire article from a Righthaven client, The Las Vegas Review Journal, to a comment on the blog. The blogger was located in Illinois, not Nevada, which meant that to contest, he'd have to hire a Nevada lawyer to represent him in this case. Righthaven sent the notice of the litigation to the wrong address initially, and so the defendant didn't know it was happening until there was already a clerk's default against him. What should he do? Nothing? Call Righthaven and work out payments? Or hire a lawyer and try to get the default set aside? What would you do?
I've collected all the important documents in the case so far, so you can see exactly what this defendant did. So far, he did a number of things right.

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LEARN ABOUT V7

pdffonts

pdffonts(1)						      General Commands Manual						       pdffonts(1)

NAME

       pdffonts - Portable Document Format (PDF) font analyzer (version 3.00)

SYNOPSIS

       pdffonts [options] [PDF-file]

DESCRIPTION

       Pdffonts lists the fonts used in a Portable Document Format (PDF) file along with various information for each font.

       The following information is listed for each font:

       name   the font name, exactly as given in the PDF file (potentially including a subset prefix)

       type   the font type -- see below for details

       emb    "yes" if the font is embedded in the PDF file

       sub    "yes" if the font is a subset

       uni    "yes" if there is an explicit "ToUnicode" map in the PDF file (the absence of a ToUnicode map doesn't necessarily mean that the text
	      can't be converted to Unicode)

       object ID
	      the font dictionary object ID (number and generation)

       PDF files can contain the following types of fonts:

	      Type 1
	      Type 1C -- aka Compact Font Format (CFF)
	      Type 3
	      TrueType
	      CID Type 0 -- 16-bit font with no specified type
	      CID Type 0C -- 16-bit PostScript CFF font
	      CID TrueType -- 16-bit TrueType font

OPTIONS

       -f number
	      Specifies the first page to analyze.

       -l number
	      Specifies the last page to analyze.

       -opw password
	      Specify the owner password for the PDF file.  Providing this will bypass all security restrictions.

       -upw password
	      Specify the user password for the PDF file.

       -v     Print copyright and version information.

       -h     Print usage information.	(-help and --help are equivalent.)

EXIT CODES

       The Xpdf tools use the following exit codes:

       0      No error.

       1      Error opening a PDF file.

       2      Error opening an output file.

       3      Error related to PDF permissions.

       99     Other error.

AUTHOR

       The pdffonts software and documentation are copyright 1996-2004 Glyph & Cog, LLC.

SEE ALSO

       pdfimages(1), pdfinfo(1), pdftocairo(1), pdftohtml(1), pdftoppm(1), pdftops(1), pdftotext(1)

								  22 January 2004						       pdffonts(1)