Interesting People mailing list archives
Re: UNfair use -- Google iPhone usage shocks search giant
From: David Farber <dave () farber net>
Date: Sat, 16 Feb 2008 04:20:58 -0800
________________________________________ From: Mike Godwin [mnemonic () gmail com] Sent: Friday, February 15, 2008 2:35 PM To: David Farber Cc: ip Subject: Re: [IP] UNfair use -- Google iPhone usage shocks search giant Hi, Dave. Peter Wayner's comment regarding a purported plagiarism of a Financial Times story challenged "fair use advocates to explain how this kind of 'fair use' is good for society." This comment illustrates a common misconception about the relationship between plagiarism and copyright infringement. A work can an instance of plagiarism without being copyright infringement (a rewrite of a news service story might qualify if the new expression were sufficiently different from the original expression, which is the only thing protected by copyright law). Conversely, a work can be an instance of copyright infringement without being plagiarism (as when a quotation exceeds fair use but is correctly attributed to the original author). No one who defends fair use is a defender of plagiarism, so far as I know. Copyright infringement is a legal matter; plagiarism is a matter of academic or authorial integrity. While the two topics are not wholly unrelated (hence Peter's conflation of "fair use" with plagiarism here), they're analytically distinct. In the particular case to which Peter refers, by the way, I'm inclined to say that both copyright infringement *and* plagiarism occurred, and of course I disapprove of both. --Mike Godwin General Counsel Wikimedia Foundation On Feb 15, 2008, at 10:18 AM, David Farber wrote:
________________________________________ From: Peter Wayner [pcw () flyzone com] Sent: Friday, February 15, 2008 12:57 PM To: David Farber; Dewayne Hendricks Subject: Fwd: [IP] Google iPhone usage shocks search giant Dave- Let's give credit where credit is due. Maija Palmer and Paul Taylor of the Financial Times are the real author of most of the work, "Google iPhone usage shocks search giant", that you reprinted/ repurposed/fair-used/pinched: http://www.ft.com/cms/s/667f13de-da60-11dc-9bb9-0000779fd2ac.html By my count at least 200 words of the 318 words in the AppleInsider story are direct copies. The rest are cheap substitutes ("2008" for "this year".) The few changes were cursory at best and dangerously speculative at worst. (Will Android phones be "be announced in the second half of this year" as the Financial Times reported or will they "begin shipping during the second half<http://www.appleinsider.com/articles/07/11/05/notes_of_interest_on_googles_android_announcement.htmlof 2008" as AppleInsider reported?)If this were my student, I would have strung him up on plagiarism charges. I think you should publish a clarification. So let me challenge the fair use advocates to explain how this kind of "fair use" is good for society? Begin forwarded message: Begin forwarded message: From: dewayne () warpspeed com<mailto:dewayne () warpspeed com> (Dewayne Hendricks) Date: February 15, 2008 3:57:05 AM EST To: Dewayne-Net Technology List <xyzzy () warpspeed com<mailto:xyzzy () warpspeed comSubject: [Dewayne-Net] Google iPhone usage shocks search giant Google iPhone usage shocks search giant By Slash Lane Published: 03:00 PM EST <http://www.appleinsider.com/articles/08/02/14/google_iphone_usage_shocks_search_giant.html------------------------------------------- Archives: http://www.listbox.com/member/archive/247/=now RSS Feed: http://www.listbox.com/member/archive/rss/247/ Powered by Listbox: http://www.listbox.com
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- UNfair use -- Google iPhone usage shocks search giant David Farber (Feb 15)
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- Re: UNfair use -- Google iPhone usage shocks search giant David Farber (Feb 16)
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