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KaVir:
That final exchange is a good summary of how this has gone:
Stilton: "Particular uses of particular phrases can generate infringement"
KaVir: "A name or phrase does not receive copyright protection. The meaning conveyed..."
You're dodging the issue. Big'ol straw man. What the heck else could I have meant but usages which invoke particular, protected meanings?
Haven't checked the rest of the quotes in detail for accuracy, but sounds about right.
Don't build a war over whether the proper way to describe a situation like the one we're discussing is "This phrase is protected" or "This particular use of that phrase generates an infringement because it invokes a character, story, etc. sufficiently to ..."
Over the course of the thread, I have switched to the latter phrasing to be consistent with you, rather than argue about it as you attempt to do above.
Rather than quibble over terms, I have started to bring my usages closer to yours. Where do I claim that your viewpoint has changed? (I did ask for and get clarification to make sure I understood it)
The point you have been arguing over the whole thread seems to me to be the same, too: _A_, because _B_.
_A_ may or may not be true (opinion question). _B_ is either irrelevant or untrue depending on whether you use the FAQ's language or yours, respectively ("isn't protected in and of itself" vs "cannot make a given use of material infringing by invoking context and meaning". Your very first post doesn't make any sense with the first usage- it wouldn't demonstrate anything about the present situation, so why would you have posted it? The second usage I have proved to be untrue, ie that a short phrase is capable of generating an infringement.
_A_ BECAUSE _B_ is thus proven to be high-grade organic fertilizer.
It's not a fallacy. If you say _A_ because _B_, and I can demonstrate that _B_ isn't applicable or isn't correct, I've demonstrated that your proof is invalid. I recognize quite well, and have never made a claim to the contrary, that what I have done is not sufficient to prove much about the proposition _A_ itself.
Stilton
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