Published at LXer:

Arguing against the takedown of a 29-second home video portraying a toddler dancing might have been a slam dunk from a PR perspective; legally speaking, it's been anything but. EFF was looking for a case that was so obviously an example of "fair use" that the content owner who initiated the takedown could actually be forced to pay damages, under a little-used section of the Digital Millennium Copyright Act, section 512(f). But the bar is very high to get that type of relief. That became crystal clear at the most important hearing in the case thus far, held today in San Jose.

Read More...