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Lessig is a smart man and, as far as I know, a smart lawyer. The EFF uses cases like this to further its goals. I'll bet they've been waiting for something like this to establish this legal point. A test case. It's unlikely that they'd choose a weak case. It can't hurt to clarify the DMCA and fair use, and if it discourages the illegal use of copyright claims, then I'm behind Lessig and the EFF all the way.
rjb
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