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1 commentWednesday, December 19, 2007

Careful, That C&D Letter Might Be Copyrighted

In case you didn't dislike lawyers enough already.

1 Comment

I appreciate your attention,

I appreciate your attention, but you have a few details backwards. Vader filed the copyright registration *after* we submitted a motion to quash the subpoena and *long* after I scanned and posted the takedown demand. Also, the judge didn't deem the letter copyrightable. He merely said that case law holds that a prima facie case for copyright exists any time a document is registered. A prima facie case is all that is needed to honor their subpoena under DMCA. The decision about copyright, copyrightability of a takedown and fair use remains up for debate. --d2

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