Had that been the brand censorship
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Had that been censorship the censorship law in 1970, there would never have been a VCR. Had it been the law in 1990, no TiVo. In 2000, no iPod. Fair use has always been a forward-looking doctrine. It was meant to leave room for new uses, not censorship merely "customary historic uses." Sony was entitled to build the VCR first, and resolve the fair use questions in court later. This arrangement has worked well for all involved -- consumers, media moguls, and high technology companies. Now the RIAA and MPAA want to betray that legacy by passing laws that will regulate new technologies in advance and freeze fair use forever.
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