Fair use more than a defense?
The EFF won the dancing baby case at the district level. As you may recall, the EFF argued in this case that Universal music should consider whether a particular use of a copyrighted work is “fair use” before they issue a DMCA “takedown” notice. The court:
A good faith consideration of whether a particular use is fair use is consistent with the purpose of the statute. Requiring owners to consider fair use will help “ensure that the efficiency of the Internet will continue to improve and that the variety and quality of services on the Internet will expand” without compromising “the movies, music, software and literary works that are the fruit of American creative genius.”
Of course, it is very likely that Universal will appeal. Support the EFF!