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Fair use guidelines on Copyright
According to the case presented, the book is out of print and Mr. J has died. The intention of Mr.
Js son is to make the work available not for commercial use rather for transformative purposes.
The work is also intended for a new market of speech pathologist which is completely different
from the one the original work was intended to serve. Since this work was already published and
was in the public domain, making it available would be in favor of the fair use. Being that this is
a nonprofit transformative work,the use of the whole work weigh in favor of the fair use since
the amount is appropriate to accomplish that purpose. Commercial use of a whole work would
normally weigh heavily against the fair use policy unless the whole work was the appropriate
amount to accomplish that purpose.
The original work being out of print and therefore unavailable, the copyright owner is
unidentifiable and there is no license of the type wanted, the use of this work would weigh in
favor of the fair use. In light of this factors and considerations I would strongly recommend Mr.
Js son to go ahead and post the book in his web page. As a judge I would closely analyze the fair
use guidelines such as the intended use of the work copied whether it be commercial, personal,
educational, nonprofit or criticism; if its transformative already published or unpublished
imaginative or fact. I would also consider the amount of work copied if its more than the amount

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needed to accomplish a transformative purpose and if this kind of use were widespread what
effect it would have on the market of the original. For the case presented, the work is
transformative and the amount used is appropriate for the transformative purpose, the original
work is out of print, copyright owner is unidentifiable and there is no available license required I
would therefore rule that the work be retained in print.
An important benefit of being in the safe harbor of the DMCA is to offer assurance of protection
against massive piracy to the copyright owners in the internet. The provisions provide order
restricting service providers from providing access to a subscriber or account holder of the
service provider from engaging in infringing activity. It also restrains service provider from
providing access to infringing material or activity residing at a particular online site on the
providers system or network. I t also restrains access to unauthorized sites by blocking access to
specific identified online location outside of the United States. In the entertainment realm,
legislation and implementation of DMCA and the safe harbor provisions facilitates making
available quickly and conveniently via the internet movies, music, software and games at very
low or no cost. This weakens the entertainment industries in terms of revenue collected and
return they receive for their entertainment work. It also encourages the continued growth of the
existing offline global market place for copyrighted works in digital format.
The use of fingerprints in identification of the user of personal computers is safe since they
cannot be stolen, lost, hacked,duplicated or shared. They are resistant to social engineering
attacks and the user have to be present to use the device. Fingerprint readers are also safe health
wise as there are no harmful effects from the scanning process. However, the use of passwords
forlogin should not be abandoned and rendered pointless but should beused as a complement to
the fingerprint readers. Although the fingerprint scanning works, it is not 100% effective and

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incase the scanner may be damaged for some reason or even distortion of the fingerprint, then
the user is able to login to his computer using the password. This complement will ensure that
the user is not locked out of his computer or laptop. In addition, fingerprint scanners can be
fooled by using cadaver fingers and fingers made from gelatin. It is therefore necessary to
combine both fingerprint readers and protected password tomake it extremely effective for
identifying and eliminating suspects in crime.
The arrest of Dmitry Sklyarov and David Carruthers in the United States is different from the
arrest of the leader of South American drug gang since Dmitry Sklyarov and David Carruthers
were engaged in the provision or sales of services in the internet that were legal in their country
but illegal in the United States. Their employees, author of the program or even the company was
not aware that the software or online gambling is illegal in the United States for the case of
Dmitry Sklyarov and David Carruthers. For the case of the leader of the South American drug
gang, the smuggling of drug is illegal to both the countries and therefore the cross border law is
in agreement with each national law. In the two cases presented above, the victims are only
arrested when their set foot upon the United States soil and not outside the boundaries of the
United States as required by law.