Google Wins Decade Old Fair Use Case

GOOGLE LLC v. ORACLE AMERICA, INC. is surprisingly elaborate considering that fair use doctrine is already settled. We think that Google could have won even without the fair use doctrine. Snippets of code must matter to deserve copyright protection.

In Canada, Google would have lost under fair use doctrine, because commercial use always negates fair use under the Canadian Copyright Act. Canada doesn’t have much say on Any monetization in Canada will put you under the economic copyright regime, so you’ll need a licence. However, even though Google has business in Canada, it is safe to say that any significant tech-related lawsuit will be brought under US and California law in 99% of the cases.


Doing Away With Section 230 Is A Good Idea

Removing section 230 will reshape social media as we know it, but not in a bad way. What will rather happen is the return of social media to it’s origins. If there is a great reset that is not a total and utter wishful thinking (like the One we’ve heard so much about), it would be to stop shielding tech giants from liability. This is the reset I am dreaming of.

Social media should be limited to allowing communications between people who actually know each other. The whole public component of “look at me, fostering narcissistic exhibitionism, is designed for the purpose of giving away personal identifiers to the police for free and encouraging others to do the same.

Removing section 230 won’t affect most talking head channels, because those are based on personal opinion and not really using any kind of content other than news for which there is already copyright exceptions, just like there are already extensive generated-user-content safe-harbors, as well. There is little that will actually change other than removing the toxicity of social media that keeps wasting everyone’s time for the sake of creating profit for tech giants.

I don’t see the point of conversing with fake accounts and bots that foment hate speech, or having a staggering amount of government accounts to generate a staggering amount of state activity on the outskirts of the constitution. This impressive heap of state activity gets mixed up with an even more impressive pile of gross memes and outright poison.

The moment Twitter decides to flag or suspend a government account, or moderate “election information” Twitter itself engages in a state action. Not only should twitter/FB NOT get a free pass from liability, but they must also respond to violations of the 1st Amendment because they are meddling in state-related matters. If their policies contradict the constitution, they are unconstitutional and therefore null and void, or as we say in French nulles de nullité absolue.

You want to play government, you have to respect the constitution. From that perspective, the “good faith” exception in section 230 is a total joke / a caricature meme in its own right. You don’t get to roll out a government agenda and hide behind a private company status. How clever! Yeah, except when it shows.

I have deliberately closed all my social media accounts for over 5 years now and still my only remedy against time disappearing into a hopeless black hole three galaxies away from here is to unplug the modem from the electricity on a daily basis and airplane mode.

Twitter is a harmful addiction, it is designed to be addictive, it is toxic. Even when you try to get away, someone will pull you into it. Once you’re in, next thing you know the day is gone, time has vanished and nobody can bring it back for all the money in the world. My time, my identifiers.

Congress, take down that wall section 230!