"Universal, which is represented by Sidley Austin and Munger, Tolles & Olson, argues that a takedown notice doesn’t require a fair use assessment. It also argues that Lenz never had standing to bring her suit because her video was restored to YouTube long before she went to court. Lenz “seeks only a symbolic vindication of a bare statutory right,” Sidley’s Mark Haddad wrote in Universal’s petition.
EFF staff attorney Daniel Nazer scoffed at that argument in an interview. “It’s obvious our client has experienced a concrete, particularized harm,” he said. “She had her video taken down. It’s particular to her; it’s not a generalized abstract grievance.”"
- Date Published:09/26/2016
- Original Publication:Law.com