This Blog is written for my PERSONAL and PRIVATE defense in the ongoing court case against Trivino Luis and Trivino Y Garcia Caramen and shall only be read by QUALIFIED persons (Lawyers; Court magistrate; Police Officers; etc.) who received a link to this blog by PERSONAL MAIL.
If you received this Blog accidentally or on a unlawful way, you should DELETE IT IMMEDIATLY and obstain from any abuse of it.
If you would like that I remove personal information, or if you want to have access to the full files, please write an email to trivicar@gmail.com and I will consider your request.
This Blog contains quotations and excerpts from COPYRIGHTED MATERIAL. These uses fall well within the copyright doctrine of “FAIR USE”.
"A reviewer may fairly cite largely from the original work, if his design be really and truly to use the passages for the purposes of fair and reasonable criticism."
➞ Link to Wikipedia: "Fair use"
Section 107 of the United States Code, Title 17, specifies the conditions under which, “the fair use of a copyrighted work . . for purposes such as criticism, comment, news reporting, teaching . . , scholarship, or research, is not an infringement of copyright.”
It provides four considerations for determining fair use:
(1) The purpose and character of the use, including whether such use is of 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,
(4) The effect of the use upon the potential market for, or value of, the copyrighted work.
The use on this Blog of other material is primarily for “criticism, comment, news reporting, scholarship or research” (and to some extent teaching).
(1) (a) The “purpose and character” of the Blog (with no advertising) and any derivative book(s) are not “commercial.”
(b) The overwhelming majority of the material is the author’s original work. It is in no way a mere collection of others’ copyrighted works, nor competitive with those sources.
(2) The “nature of the copyrighted work” quoted is often “news” or “history,” categories given lesser protection in fair use cases than works of fiction.
(3) Most uses involve excerpts rather than entire works.
Because the adverse financial impact on copyright owners is central to the purpose of copyright law, and the analysis of alleged violations, it’s relevant to note that, under factor
(4) (a) no one in search of the quoted material would substitute this blog or book for the original source,
(b) it is highly unlikely this Blog (or book created from it) will ever have more than a de minimis impact on any of the copyright works’ potential market, and
(c) to the extent it might do so, it would be far more likely be a positive, rather than a negative, impact (by drawing attention to the work, crediting it, and providing a source where it may be found).
Finally, to the extent any copyright owner may wish, consideration will be given to all reasonable requests that copyright material be removed from this website and from future on-demand printings.
Background designed by my daughter on computer in 2018, 14th January.
Preface ➞