The Philosophy behind Fair Use: Another Step towards Utilitarianism

摘要: iParadigms, a company involved in plagiarism detection, was hold not liable for the unauthorized use and archival of students’ papers. Both District Appellate Courts Virginia, fact, maintained that exception fair applied to copyright infringement action.   As relevant facts represent novelty case law, it might plausible hypothesis iParadigms precedent is going be followed forthcoming cases. This investigation an attempt appreciate possibilities such event could happen. In particular, attention focused on special nature Copyright Act which simultaneously backed by opposite theoretical backgrounds as utilitarianism moral desert well personhood theories, among others. The prevailing one theory over another shall depend how liberally or strictly doctrine interpreted.   Despite findings demonstrate judges have according correct conceptions justice, discussion ends up recommending new system detection drastically reduces likelihood actions.