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fair use

"Viacom's DMCA takedown notices continue to generate controversy. The media giant fired off more than 100,000 notices to YouTube earlier this year, but it appears to have caught numerous legitimate videos in the crossfire. One of those clips, called "Stop the Falsiness," satirizes comedian Stephen Colbert, and the Electronic Frontier Foundation (EFF) has filed a federal lawsuit against Viacom, asking the judge to declare the video non-infringing." -- Read more

"Reps. Rick Boucher and John Doolittle's FAIR USE Act would remove some of the entertainment industry's most draconian anti-innovation weapons and chip away at the Digital Millennium Copyright Act's (DMCA) broad restrictions on fair use. Use the form below and tell Congress to help restore balance in copyright now.

Technology companies play a game of Russian roulette whenever they create products with both infringing and non-infringing uses. Current "secondary liability" standards don't provide enough certainty, and if innovators guess wrong, they can be hit with statutory damages as high as $30,000 per work infringed.

"The Freedom and Innovation Revitalizing U.S. Entrepreneurship (FAIR USE) Act, introduced Tuesday by U.S. Representatives Rick Boucher, a Virginia Democrat, and John Doolittle, a California Republican, would allow customers to circumvent digital copy restrictions in six limited areas when copyright owners' business models are not threatened, Boucher said in a press release. So-called fair use doctrine allows customers of copyright works to make limited numbers of copies, particularly for reviews, news reporting, teaching and research.

The bill would allow exemptions to the anticircumvention restrictions in the Digital Millennium Copyright Act (DMCA), passed by Congress in 1998. The bill is revamped from similar bills introduced in the last two sessions of Congress, Boucher said."

"The application under discussion is FairUse4WM from Viodentia and according to Microsoft, the former, "illegally obtained propriety source code to produce the program called FairUse4WM, sparking fears it could enable consumers to illegally copy digital content," states the story.

But Viodentia is uncowed and unbowed and told Engadget he's "utterly shocked" by the allegation.

"I didn't use any Microsoft source code," the story has him saying. "However, I believe that this lawsuit is a fishing expedition to get identity information, which can then be used to either bring more targeted lawsuits, or to cause other trouble."" -- Read more