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August 25, 2008


The Lenz judge treated Universal's letter as a DMCA notice, even though it said on its face it wasn't. A good argument could be made on the facts of this case that it had to be treated as one, but that may not always be the case. Content owners increasingly seem to be making similar claims outside of the DMCA process, or even arguing that DMCA safe-harbor compliance isn't enough, and at some point a court might well accept such an argument.

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