Date:         Mon, 9 Mar 2009 17:56:10 -0400
Reply-To:     Mike S <mikes@FLATSURFACE.COM>
Sender:       Vanagon Mailing List <vanagon@gerry.vanagon.com>
From:         Mike S <mikes@FLATSURFACE.COM>
Subject:      Re: Carfax request apology and thanks
Comments: To: Michael Sullivan <sandwichhead@GMAIL.COM>
In-Reply-To:  <eccfedcc0903090830g541a0cb7q370dba5bc6898a66@mail.gmail.co m>
Content-Type: text/plain; charset="iso-8859-1"; format=flowed

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.