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Judge: Copyright Owners Must Consider 'Fair Use' Before Sending Takedown Notice

Aug 22, 2008, 12:32 (3 Talkback[s])
(Other stories by David Kravets)

"The legal dispute decided Wednesday centers on a rarely used clause in the DMCA -- originally approved by Congress in 1998 -- allowing victims of meritless takedown notices to seek damages, in a bid to deter false notices and breaches of First Amendment speech. It is usually used when somebody issues a takedown notice and misrepresents ownership of the copyright."

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