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Lessig Sues and Wins against Bogus DMCA Takedown

posted by janrinok on Friday February 28 2014, @09:00PM   Printer-friendly
from the perhaps-we-shouldn't-have-done-that dept.

Fluffeh writes:

"Lawrence Lessig is Professor of Law at Harvard Law School but is probably best known to readers for his work with Creative Commons, the Free Software Foundation, and the Electronic Frontier Foundation. Without considering fair use, Liberation Music wrongly had some of Lessig's work removed from YouTube and threatened to sue. It didn't go well. Liberation will pay Lessig an undisclosed sum for the damages it caused with the wrongful takedown. The money will go towards supporting the EFF's work on open access and the label will also 'adopt new policies' that respect fair use."

 
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  • (Score: 2) by GungnirSniper on Friday February 28 2014, @09:25PM

    by GungnirSniper (1671) on Friday February 28 2014, @09:25PM (#8797) Journal

    Isn't this something that was done in good faith, since this was a legitimate legal question? It's not like they didn't own the copyrights, as has happened in other cases.

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  • (Score: 5, Informative) by epyx on Friday February 28 2014, @09:38PM

    by epyx (2817) on Friday February 28 2014, @09:38PM (#8807)

    While Lessig did retract his counter-notice, in August 2013 and with support from the EFF he sued Liberation Music, asserting his right to use the music clip under the fair use doctrine. Liberation acted in bad faith when it sent the takedown notice, Lessig’s lawsuit said, and “knowingly and materially†misrepresented Lessig’s video as infringing copyright.

    That paragraph makes me think that Lessig had a valid legal argument about Liberation knowingly filing a false DMCA.. I wondered if they settled to avoid a precedent.

    • (Score: 3, Interesting) by hatta on Saturday March 01 2014, @05:06AM

      by hatta (879) on Saturday March 01 2014, @05:06AM (#8969)

      I wonder why Lessig accepted the settlement. I'd expect him to prefer the precedent to the settlement.