Supreme Court Won't Hear Dancing Baby Case... Despite Gov't Admitting 'Serious Legal Error'

from the dancing-without-end dept

Sometimes I think purgatory must be filing a lawsuit over a wrongful DMCA takedown notice. I'm pretty sure that's how Stephanie Lenz feels. After all, she's been fighting against Universal Music issuing a bogus DMCA takedown against her dancing baby, and I'm pretty sure that "baby" will be graduating high school before too long. Last we'd checked in, the Supreme Court was debating hearing the appeal in the case, and had asked the White House to weigh in. The White House responded last month with a truly bizarre argument, agreeing that the 9th Circuit's ruling contained a "significant legal error" but said that this case was "not a suitable vehicle for correcting that mistake."

Whether it was for that reason or for no reason at all, the Supreme Court has now decided not to hear the appeal, meaning that the case is back (once again) in District Court, where it may actually go to trial to determine if Universal Music knew that the video was fair use when it issued the initial takedown.

As we've discussed time and time again, this particular case is an important one, if Section 512(f) of the DMCA -- the part that says you cannot file bogus DMCA takedowns -- is to have any teeth. The problem, right now is that there are piles upon piles of abusive DMCA takedowns, targeting all sorts of content that is perfectly legitimate and non-infringing. Yet, because there is basically no punishment for issuing such takedowns, they continue. Unfortunately, this particular case keeps coming out with "mixed bag" rulings that probably won't help very much in the long term. While we may have hoped that the Supreme Court would clear things up and make sure 512(f) actually does its job, it appears that's unlikely to happen any time soon.

Filed Under: 512(f), copyright, dancing baby, dmca 512, fair use, scotus, stephanie lenz, supreme court
Companies: umg


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  1. icon
    PaulT (profile), 20 Jun 2017 @ 5:20am

    Re: Re: Re: Re: Re: Re: Re: Re:

    My favourite was out_of_the_blue, who refused to create a login then bitched endlessly when someone signed in as such did it instead. I wonder if some joker will decide to create a login for this guy's handle now. Since he's so bad at thinking things through that he registered MyNameHere instead of My_Name_Here, thus allowing someone else to "steal" his original handle anyway?

    The sad thing is, I'm not entirely convinced this is the same idiot. Certainly the specific things he chooses to complain about instead of addressing the points raised by others is different, even if the overall attitude is the same. What's worse - on obsessed person having to keep reinventing himself after being told to get out too many times by the community he's abusing, or multiple people unable to deal with adult discussion?

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