HabitableZone

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Interesting post

I read this on the USPP site just now. Made by a guy with the tag of HolovisionTV

^A thoght occurred to me as I was reading Jeff Patterson's Oct. 13th post in "What is this for?":

Other than a court finding of copyright misuse what prevents a copyright owner from not allowing a licensed use of a copyrighted work based on a prejudice?

The most basic of exclusive rights is the right to authorize derivative works. What if a copyright owner sees a woman's name requesting permission and denies it solely based on a sexist prejudice that a woman shouldn't be in business let alone working with intellectual property? If no explanation for denial of permission is required than how would anybody know?

I guess one of the safeguards is fair use. For example, if I were African American I could borrow from a KKK website to criticize the KKK on my site. The First Amendment protects anonymous speech if I think as an African American I might not want the KKK to know who I am after seeing my criticism and unauthorized use of a limited amount of their site material to make my case. For a few bucks extra I could make my WHOIS information private.

Then again, if some member of the KKK wanted to stop that kind of speech all they would have to do is file a DMCA against an anonymous anti-kkk website. After the DMCA is filed an African American would have to make the choice of sending the KKK member their contact information in a counter-notice under penalty of perjury or live with the fact that a KKK member has taken their site down under the color (excuse the pun) of copyright law.^

Interesting conundrum. What say you guys?

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