A little known secret of copyright law is the idea of “fair use.”

Fair use means that someone can use a copyrighted material for such noble purposes as education, parody, and criticism. Now, what is really interesting is that the Digital Media Content Act, known affectionaly as DMCA and less affectionaly as “those f-ing a-holes,” does not stipulate fair use. It is written as though the concept did not already exist.

This raises the question: Does that mean that digital media does not fall under the fair use clause of already existing copyright law, or that it’s just understood and they didn’t see it necessary to mention it?

Well, I’m going with option 2, not because I think the RIAA is a group of really nice people, but simply because I think a jury would agree with me.

So, technically I can post this song here because I’m reviewing it.

I think it’s a really neat song. Me and Mery were wondering if the chatter-babble chours is suppposed to be the sound of the birds cackling.

I didn’t really get into of Montreal even though my friend Ben wouldn’t quit nagging me to check them out. But then I was hanging out with my new roommate one day, and this song came on and I really liked it. And Mery, hippier than she’ll ever admit, started singing along and filled me in on the details.

The embarrasing part is that I haven’t really listened to anything else by them. But I listen to this song probably 5 times a week. It’s so good.

I like the sighish-moan at the beggining, it reminds me of the count down at the start of “Do You Realize” by The Flaming Lips.

Wow. I thought I was going to write a lot more on this song. But it seems that even with an hour to go, I’m just too blahed out to think. Maybe it’s the lack of sleep.

Maybe this is why digital media isn’t fair use. Because it lets any idiot with a blog justify downloading music.

We shall see.

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