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Originally Posted by warlock5
I'm not talking about right or wrong, I want to know what the legal liability is.
There are a couple factors in place, as you said, "fair use" (which incidently Google is being sued by Perfect 10 for Google Images and has been sued by AFP over Google News too.)
By the logic in this thread, once an ISP removes content they are no longer a common carrier -- yet, according to the DMCA they have to remove content upon a DMCA request or be liable.
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well obviously its a tad confusing or we would both be making millions
but "fair use" as a parody and as news has been backed up "legally" in google's case its a bit more cloudy as they are sometimes selling competing products for searches for copyright text..
example. I can make fun of wendy's ( the fast food chain ) "finger in the chili" , even going as far as using wendy's copyright image in my "parody" , but i cant sell mcdonalds while using the image..
Of course anyone can do anything , and anyone can sue anyone for practically anything so keep that in mind.. I can sue you for quoting me , but its unlikely i would win..
The only true legal test is decided in court , other than that all we can go on is precedence