Fighting Fair Use Abuse By Claiming Misuse

from the it-rhymes dept

No offense to Larry Lessig, but his August “guest bloggers” have been kicking up a storm of interesting posts lately. The latest is Judge Richard Posner who is spending plenty of time discussing intellectual property issues. He has a great post today pointing out that anyone who is sued by a copyright holder when they believe they have a clear “fair use” case may want to claim a “misuse of copyright” by the copyright owner, which could lead to forfeiture of the copyright. You can bet that copyright owners would be a bit more careful in suing for copyright violation if it turns out a bogus suit could result in a complete loss of copyright.

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