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Originally Posted by Paul Markham
The statement IS protected by the First Amendment. And the Copyright of the clip is protected by another law. So the "should be" statement is stupid.
If the original poster of that clip wants to put it on Youtube with a comment. He has a way of doing so. Contact the copyright holder, obtain his permission and if obtained, post the comment and the clip.
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you just violated the bill of rights
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Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech
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you made the right to comment (free speech) dependent on a congressionally created exclusive right of control.
you reverse the priority of the two laws
which is exactly the point i am making
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Your statement can be applied to anything. I can pirate a movie, show it in a cinema and put a comment in the bottom right hand corner saying "great movie". If publishing something protected by copyright is legal so long as it has a comment.
Can I put adverts next to the screen as well?
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only if your a moron who doesn't understand how to support fair use and fight piracy at the same time.