Published a piece in Slate, “Does YouTube Really Have Legal Problems?”
The concept I am the most interested in in that piece is the concept of “tolerated use.” That is, I think across a range of copyright areas, we’re seeing the emergence of usage that is okay, so long as the CR owner doesn’t complain about it. That’s an effect created by 17 USC 512. But it is also something we are seeing in other areas, like Google Books.
