this post was submitted on 06 Aug 2024
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DMCA takedown notices are not preemptively judged on their merits before filing. Anyone can file a frivolous takedown notice, just as anyone can file a frivolous lawsuit.
Yes parody is protected speech under fair use. Yes, companies are required to account for fair use before filing takedown notices. These things would come up if the case goes to trial which is unlikely.