Comments on: Dear C&D Issuers: On the Internet, There is “Fair Use” http://uneasysilence.com/archive/2008/08/13369/ Sun, 22 Nov 2009 02:04:30 -0600 http://wordpress.org/?v=2.8.6 hourly 1 By: matthewvb http://uneasysilence.com/archive/2008/08/13369/comment-page-1/#comment-565501 matthewvb Thu, 21 Aug 2008 22:40:00 +0000 http://uneasysilence.com/?p=13369#comment-565501 I'm not a legal scholar by far, but my interpretation leads me to think that the honorable Fogel has opened a door for a counter-suit with: “allegation that a 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." Basically, that if a copyright owner issues a takedown notice without "thinking it thru," that the person who is victim of the takedown can file suit for a misrepresentation of the law claim -- the law being the enforcement of the DMCA when it really wasn't to be enforced. I’m not a legal scholar by far, but my interpretation leads me to think that the honorable Fogel has opened a door for a counter-suit with: “allegation that a 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.” Basically, that if a copyright owner issues a takedown notice without “thinking it thru,” that the person who is victim of the takedown can file suit for a misrepresentation of the law claim — the law being the enforcement of the DMCA when it really wasn’t to be enforced.

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