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In response to
"The problem is that "fair use" is legally grey. You cannot codify it on paper with a great deal of legal input."
by
Mop
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But there is a multi factor test and it wouldn't be that onerous for a filing party to certify that they've analyzed their claims under each of the
Posted by
jangles (aka chris)
Sep 14 '15, 11:31
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Factors.
In practice, most claimants would certify that they still don't believe the infringement was fair use, but it could at least weed out the claims where the use obviously was fair
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