4 ms·
> their desire to suppress the use of their copyrighted IP in critiques of their product Which is a textbook case of fair use. They may want to do that, but le
by TillE 14y ago
> their desire to suppress the use of their copyrighted IP in critiques of their product
Which is a textbook case of fair use. They may want to do that, but legally, they almost certainly can't.
- zapdrive 14y agoAn example needs to be set. They should be sued for issuing a DMCA notice in bad faith.
- rdl 14y agoI'm curious who has standing. One of the people who posted/commented in the original thread? A user who wanted to learn about CipherCloud? StackExchange itself?
- zapdrive 14y agoI think it should be StackExchange. I wouldn't mind pooling in for legal fees, if they start a fund or something.
- analog 14y agoThe damage to their reputation should be quite a good example. Nowhere near so many would have heard of this if they hadn't issued the takedown.
- shardling 14y agoActually, is a DMCA notice against something that's fair use technically bad faith? You are still violating their copyright, you just have a defense against it in court. Ultimately, whether something is fair use or not is the purview of the courts. Does the DMCA require you to make that judgement before submitting a notice? I would guess not. And unfortunately, you can't sue people just for being jerks.
- joeframbach 14y agoYou can sue anybody for anything. The outcome of such action is not guaranteed either way, however.