Not entirely convinced that this works you know…..

and I’m quoting at length using a public interest defence, because it is of significance that a paper such as the FT states these views through an editor

Anyone else think there\’s a public interest defence against breach of copyright?

8 thoughts on “Not entirely convinced that this works you know…..”

  1. There is a defence I think (wasn’t it used in relation to a proposed Lib-Lab pact?) but it requires there to be no alternative method of getting the information out. As paraphrasing the article would do the job just fine, Ritchie’s attempted use of the defence is, predictably, flawed

  2. A public interest defence could theoretically be mounted on the basis of fair use/dealing backed up with article 10 of ECHR and due reference to article 10bis of the Berne Convention…

    – although why anyone would bother when Ritchie’s piece is amply covered by fair use alone is anyone’s guess.

  3. I enjoyed: “to protect banks themselves from the externalities of their own behaviour”

    those would be internalities then.

  4. There is no official statutory provision offering ‘in the public interest’ as a defence to copyright infringement. However can it be used?

    The answer is yes but only in very rare circumstances can/ does a Defendant raise these grounds in order to avoid successful action for copyright infringement against them.

    Copyright Defence – In the Public Interest?

    Murphy’s just made his ‘defence’ up, though, like he made up the bit about the UN Declaration of Human Rights forbidding, in terms of residency applications, discrimination on the grounds of wealth.

  5. What Unity says.

    @ Luis, I’m not sure you’re right. I could e.g. allow pollution to pour out of my factory (that’s an externality from my point of view).

    So people sue me or stop buying my products, and the government could then pay my fines – or indeed change the law to prevent people from suing – or subsidise my products.

    So the pollution is not really an ‘internality’ but an ‘externality’ which has rebounded on me. An internality is if I allow my own factory to become so polluted that nobody wants to work there any more (I think).

  6. The short and simple fact is that Murphy is, by breaching copyright, a thief.

    A thief whose day job consists in making money by wrongful allegations claiming that law abiding legal persons who mitigate their tax payments are, em, thieves.

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