A couple of years ago, Simon Phipps, introduced me to the idea that any system contains its own counter system, which he describes as a game. In an article I am writing, I summarise this as,
any rule set, inspires its own games
Simon explores this in his Webmink Articles, The Sentinel Principle and more effectively in The Open by Rule Benchmark.
He also explores the feasibility of realistically building “fair use” interpreters in an article on his Computer World blog, Fair Use Robots? Science Fiction!
In this last article he talks about “Quantifying Discretion”. The difficulty in building systems to undertake this work is based on the fact that at the edge of consideration, its exceptionally difficult, and that it may be that these decisions are not best amenable to a Wisdom of Crowds or the application of machine intelligence. They are best taken by trained and experienced and independent individuals, or Judges as we might call them, although we have usually chosen to ensure that a jury of peers is involved in our courts.
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