> There's no such thing as fair use until you get to court (as a legal defense)
Well the point is that it wouldn't go to court, as it would be completely legal.
So yes, if nobody sues you, then you are completely in the clear and aren't in trouble.
Thats what people mean by fair use. They mean that nobody is going to sue you, because the other person would lose the lawsuit, therefore your actions are safe and legal.
> you are literally asking for someone to challenge you and prove it is not fair use.
No, instead of that, the most likely circumstance is that nobody sues you, and you aren't in trouble at all, and therefore you did nothing wrong and are safe.
That is entirely my point. It can only be decided by the courts. This being a civil matter, it has to be brought up by a lawsuit. Thus, you have to be sued and it has to be decided by the courts.
Did you read anything I wrote? If you are going to argue, it would be worth at least researching your opinion before writing. Caps used for emphasis, not yelling.
Firstly: Copyrighted work IS THE AUTHOR'S PROPERTY. They can control it however they wish via LICENSING.
Secondly: You don't have any "fair use rights" ... there is literally NO SUCH THING. "fair use" is simply a valid legal defense WHEN YOU STEAL SOMEONE'S WORK WITHOUT THEIR PERMISSION.
I'm jumping in the middle here, but this isn't true. They cannot control how they wish. They can only control under the limits of copyright law.
Copyright law does not extend to limiting how someone may or may not be inspired by the work. Copyright protects expression, and never ideas, procedures, methods, systems, processes, concepts, principles, or discoveries.
> They can control it however they wish via LICENSING.
This isn't true though. There are lots of circumstances where someone can completely ignore the licensing and it is both completely legal, and the author isn't going to take anyone to court over it.
Well the point is that it wouldn't go to court, as it would be completely legal.
So yes, if nobody sues you, then you are completely in the clear and aren't in trouble.
Thats what people mean by fair use. They mean that nobody is going to sue you, because the other person would lose the lawsuit, therefore your actions are safe and legal.
> you are literally asking for someone to challenge you and prove it is not fair use.
No, instead of that, the most likely circumstance is that nobody sues you, and you aren't in trouble at all, and therefore you did nothing wrong and are safe.