Judge Jeremy Fogel issued a ruling in the case that sent contradictory signals on the future of fair use under the DMCA. The good news: The ruling provided further affirmation, if it were needed, that the DMCA does not give copyright owners the right to simply take down content without first considering fair use. Of course, that was already the law. But last week’s ruling also clarified that that “consideration” means making an actual legal determination.
I’ve been tracking the “Dancing Baby” case and here is an update from EFF. There are questions remaining about whether Linda can ask for nominal damages or some redress, but as EFF says, “litigation is far from over.”