Wired breaks the news with a thought provoking story on how copyright holders are to consider the "Fair Use" doctrine first before sending takedown notices to online sites.
Quote:
"Even if Universal is correct that fair use only excuses infringement, the fact remains that fair use is a lawful use of a copyright," U.S. District Judge Jeremy Fogel ruled. "Accordingly, in order for a copyright owner to proceed under the DMCA with 'a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law,' the owner must evaluate whether the material makes fair use of the copyright."
Fogel added that an "allegation that a 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."
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Source:
Wired
You can download the original 10-page case document stating the judge's decision
over here (.pdf).