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Unread 03-01-2012, 21:26
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Tristan Lall Tristan Lall is offline
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Re: How do I get the encrypted competition manual?

Quote:
Originally Posted by Chris is me View Post
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.
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.
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