Thanks. I hadnt read Lenz and understood it more to be saying its not ok to make bad faith claims you know you will lose. Now I agree with your interpretation

Thanks. I hadnt read Lenz and understood it more to be saying its not ok to make bad faith claims you know you will lose. Now I agree with your interpretation to an extent, however its only the 9th circuit court. Lenz is also odd in that the person claiming fair use is the plaintiff, and the suit itself is that a DMCA claim was frivolous. The video was restored after her counter-notification, and her lawsuit was later. A DMCA taketdown request is itself not a lawsuit. So my interpretation of the ruling is not that "you cant sue someone" but that you "cant blast out DMCA notices." I read it as an anti-intimidation ruling. It is clear, that it sees fair use as authorized by law, but it also still categorizes fair use as an affirmative defense. Ergo, fair use gives you a defacto right to not be harassed.