Quote:
Originally Posted by Elfwreck
Since Lenz v Universal, it's been established that copyright holders are legally required to consider fair use before issuing a DMCA takedown notice. Issuing one without that does indeed make for a "bogus" takedown--one not based on application law, but on the premise that a host will take down the content regardless of the validity of the notice.
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I don't know what evidence you have to suggest that the copyright holder did not consider the question of fair use, and reach the conclusion that it was not fair use. Whether or not use of the tune constitutes fair use is the whole question under debate, so clearly opinions on the matter differ.