Matt Brown wrote:
On 12/27/05, Anthony DiPierro
<wikilegal(a)inbox.org> wrote:
Someone experienced in litigation probably knows
how to send a DMCA
put-back notice (claiming fair use) as well.
Can one claim fair use in such a notice? In any case, it's a more
legally risky move.
I don't see why they couldn't claim fair use, and certainly has the
right to issue a put-back notice. But we can't presume that he will do
that, because that would mean admitting defeat before we start. In the
legal cat-and-mouse game you always want the other guy to do as much of
the work as possible.
Ec