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A comment on CipherCloud Responds to the Crypto StackExchange Controversy. Parent comment

Re:CipherCloud Responds to the Crypto StackExchange Controversy by TillE on Monday April 22, 2013 @12:37PM (#5590218)
> their desire to suppress the use of their copyrighted IP in critiques of their product

Which is a textbook case of fair use. They may want to do that, but legally, they almost certainly can't.

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Re:CipherCloud Responds to the Crypto StackExchange Controversy by zapdrive on Monday April 22, 2013 @01:48PM (#5590686)
An example needs to be set. They should be sued for issuing a DMCA notice in bad faith.
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Re:CipherCloud Responds to the Crypto StackExchange Controversy by rdl on Monday April 22, 2013 @02:15PM (#5590854)
I'm curious who has standing. One of the people who posted/commented in the original thread? A user who wanted to learn about CipherCloud? StackExchange itself?
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Re:CipherCloud Responds to the Crypto StackExchange Controversy by zapdrive on Monday April 22, 2013 @02:29PM (#5590945)
I think it should be StackExchange. I wouldn't mind pooling in for legal fees, if they start a fund or something.
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Re:CipherCloud Responds to the Crypto StackExchange Controversy by shardling on Monday April 22, 2013 @02:55PM (#5591101)
Actually, is a DMCA notice against something that's fair use technically bad faith? You are still violating their copyright, you just have a defense against it in court.

Ultimately, whether something is fair use or not is the purview of the courts. Does the DMCA require you to make that judgement before submitting a notice? I would guess not.

And unfortunately, you can't sue people just for being jerks.

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Re:CipherCloud Responds to the Crypto StackExchange Controversy by joeframbach on Monday April 22, 2013 @06:02PM (#5592014)
You can sue anybody for anything. The outcome of such action is not guaranteed either way, however.
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Re:CipherCloud Responds to the Crypto StackExchange Controversy by analog on Monday April 22, 2013 @02:16PM (#5590862)
The damage to their reputation should be quite a good example. Nowhere near so many would have heard of this if they hadn't issued the takedown.
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