"Copyright abuse can shut down online artists, political analysts, or -- as in this case -- ordinary families who simply want to share snippets of their day-to-day lives," said EFF Staff Attorney Marcia Hofmann. "Universal must stop making groundless infringement claims that trample on fair use and free speech."This wasn't a judge dismissing a lawsuit FROM Universal Music -- it was the judge finding for the plaintiff in a lawsuit AGAINST Universal Music over UM sending a takedown orderThe lawsuit asks for a declaratory judgment that Lenz's home video does not infringe any Universal copyright, as well as damages and injunctive relief restraining Universal from bringing further copyright claims in connection with the video.
This lawsuit is part of EFF's ongoing work to protect online free speech in the face of bogus copyright claims. EFF is currently working with Stanford's Fair Use Project to develop a set of "best practices" for proper takedowns under the Digital Millennium Copyright Act.
In other words, if a copyright holder sends a frivolous takedown order against somebody engaged in legitimate Fair Use, the copyright holder may be sued for damages
The inherent dangers of double bladed axes...