The form-letter takedowns sent by Web Capio on behalf of Graceware—made in Ali’s name under penalty of perjury!—may never have been vetted by anyone practicing law. Ali did not respond to a question from VGHF about whether a lawyer is involved in reviewing claims before they are sent on behalf of Ukie. At minimum, this is irresponsible. At worst, an automated takedown strategy without consulting legal expertise could open Ali and his clients up to liability. In many jurisdictions in the United States, the failure to consider whether a use might be fair can lead to liability under 17 U.S.C. § 512(f).
And then there is something we don't talk much about - productivity.
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