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Comment by withinboredom

The right to not use my things exists everywhere, universally. Good people usually ask before they use something of someone else's, and the person being asked can say "no." How hard is that to understand? You might believe they don't have the right to say "no," but they can say whatever they want.

Example:

If you studied my (we will assume "unique") work and used it without my permission, then let us say I sue you. At that point, you would claim "fair use," and the courts would decide whether it was fair use (ask everyone who used a mouse and got sued for it in the last ~100 years). The court would either agree that you used my works under "fair use" ... or not. It would be up to how you presented it to the court, and humans would analyze your intent and decide.

OR, I might agree it is fair use and not sue you. However, that weakens my standing on my copyright, so it's better for me to sue you (assuming I have the resources to do so when it is clearly fair use).

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