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<b><i>Online Extra</b></i><br> 9th Circuit 'Dancing Baby' Decision Will Stand
The Electronic Frontier Foundation has lost a Supreme Court bid to lower the standard for proving that the removal of content from YouTube and other platforms was unreasonable.
The Supreme Court let stand on June 19 a U.S. Court of Appeals for the Ninth Circuit decision that said issuers of takedown notices aren't liable under the Digital Millennium Copyright Act (DMCA) unless they actually knew that the material did not infringe their copyright, or were willfully blind to that knowledge.
EFF and outside counsel at Keker & Van Nest had argued that the Ninth Circuit decision “gives a free pass to the censorship of online speech, particularly fair uses.” They asked that the court take Lenz v. Universal Music to “determine, once and for all, whether or not the DMCA includes meaningful protections for online fair uses.”
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