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Old 06-08-2003, 10:55 PM   #176
Stilton
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A good example of a straw man argument would be attempting to use posting to a message board as an example in a discussion involving an entirely different situation.  Then tearing down a claim about author consent by using that situation to attack statements made about an entirely different situation.  Sound familiar?

There have been quite a few more; that's just an obvious example.  I'm not erecting a straw man myself here; I'm just answering your charge that I don't know what they are ;)

Seeing a post on a message board is effectively seeing consent to respond and use text from it for that purpose from the person who posted it, barring later charges that the post was stolen material inappropriately posted. No, I don't require a notarized statement that the post is really from you ino order to believe it (if the stakes were higher, the proof would have to be higher).

As I've already admitted, that statement was perhaps broader than it should have been (granted, the admission wasn't particularly magnanimous since I was feeling like the victim of a straw-man at the time).  It was said with application to situations in which the various parties involved haven't been in a clear relationship regarding the use of the writing by others (posting to a message board screams "read me. critique me. reply to me".  I was talking about something like a published book. Granted, it screams "review me", but it doesn't scream "create extended derivative works based on me.)  In the same vein, I wouldn't attempt to turn our discussion into "KaVir vs Stilton: The Musical" without permission ;)

So, "Which is the very point I've been trying to convince you of. "  Presumably then (since the point you're trying to convince me of involves, per your direct statement above, the reasonable use of material in a given situation), you believe that Traithe's use of the material is acceptable to a reasonable person?  Because I've been quite clear that I don't think it is, I can't imagine anything else you'd be trying to convince me of with regards to it.

Or do you in fact agree with me in the case we're discussing, and just take exception to the some of the phrasing I've used like the one above about failure to issue cease/desist orders and consent?

Then I'm confused.  I thought that one of the buttresses of your position was the fact that Tolkien Enterprises hasn't taken any legal action, or even made public statements about approving or disapproving.

At this point, I'm not even sure if we have any factual disagreements.  I'm not inclined to continue the sparring if it's entirely personal.  We are simply not managing to communicate effectively, and I think the facts are clear enough at this point.

Stilton
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