MPAA/IPC member slap-down: Fair Use Must Be Considered In DMCA Notices
All, Yet another example, and these examples are mounting, how ICANN's IPconstituency's members, in this case Universal, a MPAA member as well, gets it's hat handed to it! I personally hope that again this one costs Universal a boat load of $$ in Ms. Lenz damages follow on law suit... Maybe one day, ICANN, the IPconstituency, will learn that picking on babies and mothers is a definite no-no, and using DMCA as an intimidation medium to do so is even a far worse no-no. Maybe one day the legal representatives for Universal will advise their clients to be much more considerate in the future, and more wisely advise their clients or stop being so knee jerk in filing law suits, but some how I doubt it. See: http://www.eff.org/support I Don't Believe in Imaginary Property writes "US District Judge Jeremy Fogel has ruled that an 'allegation that a [1]copyright owner acted in bad faith by issuing a takedown notice without proper consideration of the fair use doctrine thus is sufficient to state a misrepresentation claim,' which paves the way for a lawsuit against Universal Music over a ridiculous DMCA Takedown notice they filed. One can only hope that this ruling will some day be used against those who http://blog.wired.com/27bstroke6/2008/08/judge-copyright.html file misguided copyright complaints against computer printers. Those lawyers who rely upon buggy infringement detection programs to do their thinking for them programs which are incapable of making subjective considerations like fair use might want to think again before rubber stamping computer-generated DMCA Takedown notices." Regards, Spokesman for INEGroup LLA. - (Over 281k members/stakeholders strong!) "Obedience of the law is the greatest freedom" - Abraham Lincoln "Credit should go with the performance of duty and not with what is very often the accident of glory" - Theodore Roosevelt "If the probability be called P; the injury, L; and the burden, B; liability depends upon whether B is less than L multiplied by P: i.e., whether B is less than PL." United States v. Carroll Towing (159 F.2d 169 [2d Cir. 1947] =============================================================== Updated 1/26/04 CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS. div. of Information Network Eng. INEG. INC. ABA member in good standing member ID 01257402 E-Mail jwkckid1@ix.netcom.com My Phone: 214-244-4827
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Jeffrey A. Williams