Quote:
Originally Posted by Chris is me
Oddly enough, it is illegal to make an improper fair use claim, something you can't know if you did until you've made it.
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I think that applies when you misrepresent your position (such as with a patently false fair use claim) in the counternotice you provide in response to a
DMCA takedown request (
17 U.S.C. § 512(f)).
I don't believe there's any such penalty in litigation (where fair use is usually raised). You're free (legally, maybe not ethically) to offer a false defence, as long as you don't suborn/commit perjury.