On Mon, Mar 9, 2009 at 10:29 AM, Michael Sullivan <sandwichhead@gmail.com>wrote: > BUTTTTT, I am confused on how it IS ok to ask for a CarFax, but not to ask > for a Bentley copy. It's OK to ask for an ETKA, though...it seems. > Don't get me wrong, I have occasionally crossed the line. Just a little > confused on what is considered OK on the list. Well, in the case of ETKA, there is no legitimate channel to obtain a copy, unless you're a dealer. The developer is set up to make money through VAG, and their requirement that dealers use ETKA for parts. There is simply no way for a car owner to legitimately obtain ETKA. I'd wager that if it were made available at a price comparable to a Bentley manual, there would be a lot of takers. In the case of quoting Bentley, small excerpts may arguably fall under the "fair use" exemption: "In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include — (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work." In the case of Carfax, pulling info on a VIN for someone else is not only a violation of the contract, but completely ignores the value of the information. It's not some small portion of the service, it's the exact same thing you should be paying the full fee for. |
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