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Take-Down Notices for Fair Use

Started by cordblomquist · 10 months ago

My colleague Sam Glaser and I have been discussing this article at Ars about take-down notices for fair use. Apparently, Universal’s practice has been to send take-down notices for all use of copyrighted material, whether or not the fair use exemption applies to the material. Univers ... Continue reading »

1 comment

  • IP owners have no more business performing prior restraint of speech than does government. Therefore, all take-down notices should be banned. Let the IP owner go to court and prove infringement, and only THEN let the judge order the material to be taken down. The mere prospect of infringement does not justify violating the presumption of innocence which is what makes America America.

    Similarly, the law has no business banning circumvention of "DRM" systems which impose restrictions far beyond what the content producer's IP rights entitle him to impose. Disney has no business telling a buyer of its DVDs he can't skip commericals.

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