No, I'm afraid that you're categorically wrong. Let's say that copyright law allows me to make a certain use of an ebook (e.g. copy a chapter and upload it to my blog) but I sign a license agreement that expressly forbids this use. I am bound by that agreement, no matter what copyright law says.
Copyright is not relevant because the use of JSTOR is governed by a license agreement, the terms and conditions of which he is alleged to have broken (see point 5 of the indictment). Generally speaking, a license agreement between a company and a user trumps copyright law.
Back in the late 1980s/early 1990s, there was a dispute between two western Quebec french fry vendors (a.k.a. "chip wagons"). One guy called himself "Le Roi de la Patate" (Potato King). The new guy in town called himself "Gaga, le Roi de la Patate" (Gaga, the Potato King). The original potato king sued the new kid on the block for infringing his trademark. I have no idea of the outcome of the case because I moved away from the area around that time. But wouldn't it be uproariously funny if Lady G were prevented from using her name because it turned out that it had already been trademarked by a small-town Potato King?
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No, I'm afraid that you're categorically wrong. Let's say that copyright law allows me to make a certain use of an ebook (e.g. copy a chapter and upload it to my blog) but I sign a license agreement that expressly forbids this use. I am bound by that agreement, no matter what copyright law says.
Copyright is not relevant because the use of JSTOR is governed by a license agreement, the terms and conditions of which he is alleged to have broken (see point 5 of the indictment). Generally speaking, a license agreement between a company and a user trumps copyright law.
History repeats itself in the strangest of ways
Back in the late 1980s/early 1990s, there was a dispute between two western Quebec french fry vendors (a.k.a. "chip wagons"). One guy called himself "Le Roi de la Patate" (Potato King). The new guy in town called himself "Gaga, le Roi de la Patate" (Gaga, the Potato King). The original potato king sued the new kid on the block for infringing his trademark. I have no idea of the outcome of the case because I moved away from the area around that time. But wouldn't it be uproariously funny if Lady G were prevented from using her name because it turned out that it had already been trademarked by a small-town Potato King?