3 ms·

Why wouldn't a judge throw this out as spurious if it clearly falls under fair use? (procedural question; not asserting that it does or does not meet fair use i

• hvs 9y ago
  Some states have attempted to alleviate this with anti-SLAPP laws. https://en.wikipedia.org/wiki/Strategic_lawsuit_against_public_participation https://en.wikipedia.org/wiki/Strategic_lawsuit_against_publ...
• vortico 9y ago
  The goal of the plaintiff's lawyer is to make dozens and dozens of claims, so that hopefully one of them sticks while the others are thrown out. This is the common practice.
• Steeeve 9y ago
  While people here are making an argument that this is fair use, it's not quite so simple. You have to pay money to argue in front of a judge, and unless no counter-argument is provided, summary judgement is far from an inevitability.
  • pbhjpbhj 9y ago
    >You have to pay money to argue in front of a judge // USA, land of the free. Home of Freedom of Speech.
    • Steeeve 9y ago
      To be fair, nobody has paid anything at this point. Zillow sent this lady a C&D letter where TOS, not copyright, was the primary factor.
• dragonwriter 9y ago
  > Why wouldn't a judge throw this out as spurious if it clearly falls under fair use? If there is no colorable argument against fair use, then it would presumably be thrown out at summary judgment on a motion by the defendant. But fair use analysis is rarely cut-and-dried, unless the fact pattern and context very closely mirrors something that has been previously litigated, and typically involves disputed questions of fact regarding impact, which would call for a trial.