3 ms·
> The law requires them to do a proper Fair Use analysis prior to lodging any complaint under the DMCA. No it doesn't
by wormseed 7y ago
> The law requires them to do a proper Fair Use analysis prior to lodging any complaint under the DMCA.
No it doesn't
- nkurz 7y agoWhat makes you so confident? I think the current belief, as decided in Lenz was that the law requires copyright holders to consider fair use before filing a takedown notice: "The panel held that the DCMA requires copyright holders to consider fair use before sending a takedown notification, and that failure to do so raises a triable issue as to whether the copyright holder formed a subjective good faith belief that the use was not authorized by law." https://law.justia.com/cases/federal/appellate-courts/ca9/13-16106/13-16106-2015-09-14.html https://law.justia.com/cases/federal/appellate-courts/ca9/13... Have I missed some precedent that overturns this?
- kevin_thibedeau 7y agoLawyers are court officers and are duty bound not to advance frivolous or false claims. They can be charged with barratry for violating their oath in this regard.