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The court is fully mindful of the reasons for the admonition of the District of Columbia Circuit in Microsoft II of the perils associated with a rigid application of the traditional "separate products" test to computer software design.
This section "intended that courts continue the common law tradition of fair use adjudication" and "permits and requires courts to avoid rigid application of the copyright statute, when, on occasion, it would stifle the very creativity which that law is designed to foster". Campbell, 510 U.S. at 577, 114 S.Ct.
"The fair use doctrine thus 'permits [and requires] courts to avoid rigid application of the copyright statute when, on occasion, it would stifle the very creativity which the law is designed to foster.'" Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569, 577, 114 S.Ct.
The fair use defense requires courts "'to avoid rigid application of the copyright statute when, on occasion, it would stifle the very creativity which that law is designed to foster". Campbell, 510 U.S. at 577 (quoting Stewart v. Abend, 495 U.S. 207, 236 (1990)).
[Perhaps] no more precise guide can be stated than Joseph McDonald's clever paraphrase of the Golden Rule: "Take not from others to such an extent and in such a manner that you would be resentful if they so took from you". permits courts to avoid rigid application of the copyright statute when, on occasion, it would stifle the very creativity which that law is designed to foster.
In 2007, the editors of the British paper the Guardian amended the obituary of a noted producer, who was famously married to Sophia Loren, with this wry clarification: "A rigid application of the Guardian style guide caused us to say of Carlo Ponti..
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Partners have raised concerns that a rigid application of these guidelines could compromise their work.
However, though this classification system is a useful framework, there is growing recognition that a rigid application of these dichotomous microglial phenotypes may be too simplistic [ 6].
The food is also getting safer: rigid application of hygiene procedures - treating the farms as clinically as a food factory - has meant that in just a few years the amount of fresh chicken in supermarkets infected with the vomit-inducing salmonella bacteria has fallen from one in three to one in 20.
To paraphrase from the Harvard University OGC Copyright website, Fair Use is the right to use a copyrighted work under certain conditions without permission of the copyright owner to prevent a rigid application of copyright law that would stifle the very creativity the law is designed to foster.
This is a consequence of the rigid application of a universal threshold.
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Since I tried Ludwig back in 2017, I have been constantly using it in both editing and translation. Ever since, I suggest it to my translators at ProSciEditing.

Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com