Linked by Eugenia Loli on Sat 27th Oct 2007 22:34 UTC, submitted by Kishe
Legal When her 0.29" family video was taken down by YouTube on the request of Universal MPG, the affected mother of two struck back with a lawsuit against Universal with the help of the EFF. While technically her family video might have been a copyright infringement as she had no license to include Prince's song as a background score, it is encouraging to see the public fighting back against restrictive laws that get in the way of their every day lives. My Take: I stated my own opinion on the matter on my personal blog.
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from your blog to here
by mikesum32 on Sun 28th Oct 2007 00:22 UTC
mikesum32
Member since:
2005-10-22

Fair use has been upheld by the courts. It's real, so quit saying it isn't (again!). She could file a counter notice to have her copyrighted work restored.


I checked the story, and she did, and her work was restored to youtube. So, in fact, she won. Now the EFF is suing for abuse of DMCA take-down notices. So it wasn't infringement.

I agree that copyrights need to be re-thought. I also think patents need to be re-thought too. I support copyright reform, but it makes me mad when someone on my side bends the facts to get sympathy or make a point. She won, so there is fair use. It's not simple, easy, or automatic, but it exists.


The proof is that the video is back up.


I don't know if Prince is scouring the internet for "abuse". More likely it was a over-zealous lawyer, someone using a keyword search and sending a DMCA take-down to everyone without checking the facts. Doing that is probably illegal. I hope the EFF tears the record label a new asshole.

Give me a less rich record label, and a bunch of over-zealous lawyers in the unemployment line and I'll be happier.

I tried posting this to your blog, but it isn't working.

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