Fair Use Must Be Considered In DMCA Notices

I Don't Believe in Imaginary Property writes "US District Judge Jeremy Fogel has ruled that an 'allegation that a copyright owner acted in bad faith by issuing a takedown notice without proper consideration of the fair use doctrine thus is sufficient to state a misrepresentation claim,' which paves the way for a lawsuit against Universal Music over a ridiculous DMCA Takedown notice they filed. One can only hope that this ruling will some day be used against those who file misguided copyright complaints against computer printers. Those lawyers who rely upon buggy infringement detection programs to do their thinking for them — programs which are incapable of making subjective considerations like fair use — might want to think again before rubber stamping computer-generated DMCA Takedown notices."

Comments

but...

[gEvil (beta)]

Those lawyers who rely upon buggy infringement detection programs to do their thinking for them...might want to think again...

But you've just shown that they don't even think the first time around...

I can't wait to see where the countersuit goes from here.

Re:A Bit Tilted?

[iminplaya]

...Stuffed into Your Gullet Our Way

Aaah, Slashdot...Gavage for nerds...Foie gras that tastes great

Re:A Bit Tilted?

[sm62704]

You must be new here! :P

Ewe muss bee knew hear! ;)

A Bit Tilted AND nonsensical

[Clovis42]

US District Judge Jeremy Fogel has ruled that an 'allegation that a copyright owner acted in bad faith by issuing a takedown notice without proper consideration of the fair use doctrine...

One can only hope that this ruling will some day be used against those who file misguided copyright complaints against computer printers.

Hmm... I thought that the takedown notices sent to printers was ridiculous because it showed that the method the RIAA used to determine who was pirating music was b0rken.

Apparently, the printers really were downloading music, but they had a fair use! I totally misread that story before. I, for one, will not stand for fair use rights being taken away from our electronic friends!

Printers

[DoofusOfDeath]

One can only hope that this ruling will some day be used against those who file misguided copyright complaints against computer printers.

I wonder for whom I should root when a lawyer ends up suing the RIAA on behalf of a slandered printer...

Re:A Bit Tilted?

[spun]

Interesting side note, 'high' is a synonym for 'stoned,' while 'end' is a synonym for 'asshole.' And 'thinker' just means 'someone who doesn't do shit, but talks a lot.' I definitely think Slashdot is a community of high end thinkers.

Re:A Bit Tilted?

[RanCossack]

Ever eat a nice steak? mmm tasty. Ever try eating the turds the next morning? Not quite as good, is it?

I'm 100% willing to take your word for it.

Re:A Bit Tilted?

[geobeck]

...it's tilted the way most of the readers here are in agreement with.

A bit off-topic, but just for an academic exercise...

In a startling setback for the advancement of intellectual property rights, U.S. District Judge Jeremy Fogel has ruled that 'allegation that a copyright owner acted in bad faith by issuing a takedown notice without proper consideration of the fair use doctrine thus is sufficient to state a misrepresentation claim,' which paves the way for a ridiculous lawsuit against Universal Music over a duly served DMCA Takedown notice they filed. One can only hope that this ruling will not be used against those who, in good faith, mistakenly file copyright complaints against computer printers. Those lawyers who rely upon infringement detection programs to help them navigate the epidemic of IP theft -- programs which aren't derailed by frivolous claims of fair use -- should verify that the IP addresses to which they send takedown notices are indeed owned by grandmothers and children of middle-income families, who cannot afford legal representation, and will settle quickly.