David Kravets of Wired.com reports that, in Lenz v. Universal, the case against Universal Music based upon its issuance of a false DMCA notice, the defendant's motion to dismiss the complaint has been denied.
The court held that in issuing a DMCA notice, one must take into account whether the use is a "fair use" under the Copyright Act.
We first learned of the Wired.com report through Slashdot.
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