Yep, I know the analogy doesn't work precisely, only in general terms that "letter of marque" is still piracy, just piracy that's tolerated because it operates within certain strictures. If you replace 'government' with 'judiciary', then letter of marque does work, given the recent judicial precedents about use of copyright material in video and artwork. Which, IMO, was already covered by fair use, but fair use has gotten incredibly narrow in the past two decades.
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Date: 19 Jan 2012 03:55 pm (UTC)