Barbara K Iverson

Judge Fogel says if parties can’t settle, the issue of the dancing baby vs. Prince and Universal, a jury will have to decide what is fair use.

“As the Ninth Circuit recently has observed, the process of making a fair use determination ‘is neither a mechanistic exercise nor a gestalt undertaking, but a considered legal judgment,’” wrote Fogel.
At the same time, Fogel wrote that EFF will have to prove “a demonstration of some actual knowledge of misrepresentation” on the part of Universal.