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'Let’s [Not] Go Crazy' With DMCA Takedowns

Law360 (November 17, 2008, 12:00 AM EST) -- On Aug. 20, 2008, in a decision that may have important ramifications in the ongoing war against copyright infringement, Judge Jeremy Fogel of the U.S. District Court for the Northern District of California held that copyright owners need to consider the fair use doctrine before sending a takedown notice pursuant to the Digital Millennium Copyright Act (DMCA).

Section 512(c)(3)(A)(v) of the DMCA requires that a party invoking the takedown procedures of the DMCA provide a statement that “the complaining party has a good faith belief that...
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