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Thus, the Circuit Court rejected Napster's argument that file sharing by its users qualified for the fair use defense. Napster's claims that it enabled legal sampling, space shifting, and permissive distribution (some artists had consented to the presence of their songs on the Napster service) were also rejected by the court.
California: 412 U.S. 546: 1973: 5–4: ... The laches defense is not available in copyright infringement cases. ... The copying of APIs can be fair use.
The plaintiffs moved for partial summary adjudication on defendants' fair use defense on October 4, 1999, and cross-filed for summary judgment citing a First Amendment defense on October 19 under seal. Judge Margaret M. Morrow issued a preliminary ruling on November 8, 1999, rejecting the "fair use" argument. [6]
In 2009, fair use appeared as a defense in lawsuits against filesharing. ... In August 2008, Judge Jeremy Fogel of the Northern District of California ruled in Lenz v.
Many of the same points of law that were litigated in this case have been argued in digital copyright cases, particularly peer-to-peer lawsuits; for example, in A&M Records, Inc. v. Napster, Inc. in 2001, the Ninth Circuit Court of Appeals rejected a fair use "space shifting" argument raised as an analogy to the time-shifting argument that ...
The circuit court also considered Corley's fair use defense, as Corley argued that DeCSS allowed users to watch encrypted DVDs, which prior to that point had been impossible on Linux machines. The circuit court held that the specific facts of the present case were beyond the types of fair use that are permissible under the DMCA.
In the month before the trial, Nesson petitioned the Court to be allowed to present a fair use defense to the jury. Although the Court considered the late addition of the defense "troubling," the Court allowed limited discovery to proceed over the plaintiffs' strenuous objections.
The court also rejected VidAngel's Fair Use defense, noting as paraphrased in media about the case, "VidAngel does not add anything and the result has essentially the same entertainment value as the original, thus the fair use defense is unlikely to win out." [15]
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