Lessig teamed up with the Electronic Frontier Foundation to extract damages from Liberation under the DMCA's section 512(f), which requires copyright holders to pay damages if they overstep their bounds in issuing a takedown. As Ars noted last summer, hardly any copyright holders have ever had to pay damages under 512(f).

Lessig's and EFF's original complaint against Liberation ran down a long list of reasons why the Phoenix clips in Lessig's lecture should be considered fair use. Ars wrote at the time: “[Lessig] used a small proportion of the song, his lecture doesn't compete with the market for the song in any way, and the lecture is an entirely new creation. Phoenix wanted its song to entertain and make money; Lessig's lecture was educational, and neither he nor Creative Commons, the sponsor, made any profit.”

Friday, February 28, 2014
Ars Technica