Universal Proves Incompetence at Enforcing Copyright Law

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Universal Proves Incompetence at Enforcing Copyright Law

Tue Jul 22, 2008 3:51:41 PM #68440 Perm Link

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»Universal Proves Incompetence at Enforcing Copyright Law

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Stephanie Lenz's YouTube video of her tot dancing to an old Prince song was pulled down at the request of Universal last year after the music label said that the clip infringed on its copyright. Not content with simply having Universal retract its claim, Lenz and the Electronic Frontier Foundation are out to put the squeeze on Universal for issuing a bad-faith DMCA takedown. But Universal told a judge this week that, even though the clip may in fact be "fair use," it was still "infringement" and therefore the initial takedown notice was made in good faith.

Linky.

I'm sorry Universal, but Fair Use means it was legal. You admitting that it was fair use means you have dug your own grave on this one. Universal can't be punished retroactively because it turned out to be Fair Use, but there is enough case law surrounding Fair Use that it should have been obvious in the first place. Courts cannot be allowed to turn into playgrounds for deep pocket bullies to force potential Fair Use legalities out before they are ruled upon.

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