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EFF To Ask Judge To Rule That Universal Abused the DMCA

Posted by Soulskill on from the lesson-in-responsibility dept.

xSander writes "The Electronic Frontier Foundation (EFF) will urge a federal judge in San Jose, CA to rule that Universal abused the DMCA to take down a video of a toddler dancing to a Prince song. The case in question, whose oral argument will be Tuesday, October 16, is Stephanie Lenz vs. Universal, a case that began back in 2007. Lenz shared a video on YouTube of her son dancing to 'Let's Go Crazy' on a stereo in the background. After Universal took the video down, Lenz filed a suit with help of the EFF to hold Universal accountable for taking down her fair use. The court had already decided that content owners must consider fair use before sending copyright takedown notices."

5 of 139 comments (clear)

  1. Meh by Anonymous Coward · · Score: 4, Interesting

    Where is the line between this "fair use" and using the song to promote your personal brand? I think this particular case is better dealt with socially by embarassing the shit out of universal for being such tools.

    I'd rather see them go after the automated systems that are sending DMCA notices for things that are clearly NOT their IP in any way shape or form.

    1. Re:Meh by Atzanteol · · Score: 2, Interesting

      I think most reasonable people would see that using a product to get people in the door to make money from something else is "commercial use."

      --
      "Ignorance more frequently begets confidence than does knowledge"

      - Charles Darwin
    2. Re:Meh by Technician · · Score: 3, Interesting

      Would playing a stereo too loud in a public place be a copyright violation for making available? Maybe they can use this to outlaw loud car stereos and mandate the use of headphones in cars.

      --
      The truth shall set you free!
  2. Re:I'm still not clear on how such takedowns... by MickyTheIdiot · · Score: 4, Interesting

    As it is often pointed out here, by clear case law corporations are supposed to get the most for their stockholders. They're basically mandated by caselaw to push the envelope. Therefore you can't trust corporations to do the right thing... ever. Any law that expects a corporation to work in good faith is flawed. The only way you can call them on it is to take them to court, then it turns out to be the usual "my lawyer is bigger than your lawyer" crap.

    They shouldn't have the power to take something down on their own say so. It's a violation of both due process and free speech. But, heh, they can afford a better lawyer than I can. That's america.

  3. Re:EFF is stretching it by war4peace · · Score: 3, Interesting

    Here's an interesting counterexample very fresh in my memory.
    Two days ago I watched the "Cat watches Slayer" video posted on wimp.com (http://www.wimp.com/watchingslayer/). I remembered how much I loved Slayer when I was 16-18 and all I could find was a couple of cassette tapes which I couldn't play anymore (yeah, I got rid of my cassette player) so I immediately went and bought their albums online. Yes, all of them, because I could afford this one purchase.
    So, paradoxically, a video of a cat watching Slayer boosted some Slayer sales. Go figure.

    --
    ...gis sdrawkcab (usually not responding to ACs; don't bother posting as AC)