A federal judge on Wednesday gave more weight to the concept of "fair use" when he threw a lifeline to a Pennsylvania mother's lawsuit against Universal Music.
Lenz first filed suit in October 2007, after Universal requested that her video be taken down, and YouTube kept it off its site for more than a month. Lenz argues that the Prince song is barely audible in the short clip and clearly represents fair use, which allows for limited use of copyrighted materials without permission. In order to protect First Amendment rights, the DMCA allows for targets of illegitimate takedown notices to seek damages against the copyright holder.
The video is there for you to see. Go listen. Then come back for the rest.
Here is where the law is an ass:
Although Fogel refused to throw out the case a second time, he expressed doubt that Lenz would win. "The Court has considerable doubt that Lenz will be able to prove that Universal acted with the subjective bad faith," he wrote.
Why must she prove they had wrong motives? Did they have to prove she had wrong motives?
Universal should lose because clearly whoever approved the suit is a brain-dead asshole.
In protest, everyone's video should have a Universal Music song playing in the background! Bleed them to death in the courts!