IANAL, and I'm only following about 10% of this thread, but the
phrase "fair use" does not appear in RFC 5378. Maybe it should.
Fair use is specific to the U.S. Most other countries have similar
legal concepts under other names like fair dealing, but they all
differ in minor ways. This would run us into the swamp of what legal
system we're subject to.
I do have to say that this whole argument seems awfully hypothetical
to me. No sensible person will ever sue for his text being reused
from an RFC, non-sensible people will sue no matter what we do.
John Levine, johnl(_at_)iecc(_dot_)com, Primary Perpetrator of "The Internet
Information Superhighwayman wanna-be, http://www.johnlevine.com, ex-Mayor
"More Wiener schnitzel, please", said Tom, revealingly.
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