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The 5th Circuit gave #FairUseWeek a fitting climax on Friday by affirming a district court opinion tossing troll Keith Bell’s lawsuit and ordering him to pay attorneys’ fees for the public school he sued over a tweet. This is great news for so many reasons. 1/x
First, it continues to build the dossier against Bell, whose disgraceful shakedown scheme has cost public schools and non-profits tens of thousands of dollars in needless settlements. As more and more courts see him for what he is, more victims will be emboldened to defy him.
Second, it also builds the growing body of case law supporting early dismissal on a 12b6 motion for clear cut fair uses, together with attorney fee awards to defendants. This will make it easier for folks to ward off other trolls who try to monetize irrational copyright demands.
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