DMCA Cease-and-Desist Letter Constituted Improper Attempt to Suppress Content

Abstract

The court next addressed plaintiffs' argument that Diebold "knowingly materially misrepresented" that publication of the email archive constituted copyright infringement and thus was liable for damages pursuant to 17 U. S. C. § 512(f). The court found that Diebold knowingly materially misrepresented that plaintiffs had infringed Diebold's copyright interest, at least with respect to the portions of the email archive clearly subject to the fair use exception.