[NA-Discuss] MPAA/IPC member slap-down: Fair Use Must Be Considered In DMCA Notices

[Jeffrey A. Williams]

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]
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