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Techdirt: Facebook Using DMCA Notices To Takedown Private Videos?
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While, technically, (and this point is arguable) these videos may be infringing, there's a good case to be made that they were fair use. They most certainly were not commercial in nature, and most clearly did not diminish the commercial potential of the works in question. In fact, Hersh named 3 of our friends who specifically had asked him who Xavier Naidoo was, so they could go find more of his music. Now Hersh can no longer promote Naidoo's music. That seems to go against everything that copyright is supposed to be about.
Judge Rejects 'Making Available' Defense, Orders Teen File Sharer to Pay RIAA $7,400 | Threat Level from Wired.com
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But U.S. District Judge Xavier Rodriguez of Texas decided not to
follow U.S. District Judge Michael Davis' decision and ruled against
Harper. On Thursday, Rodriguez upheld (.pdf) his September decision (.pdf) in favor of the RIAA's motion for "summary judgment," legal jargon for winning a case without trial. -
"The court rejects defendant's argument that merely making
copyrighted works available to the public is not enough evidence for
summary judgment purposes to establish infringement," Rodriguez ruled
last month before the Thomas mistrial was declared.
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