Universal: “Fair use” is still infringing

arstechnica: Stephanie Lenz’s YouTube video of her tot dancing to an old Prince song was pulled down at the request of Universal last year after the music label said that the clip infringed on its copyright. Not content with simply having Universal retract its claim, Lenz and the Electronic Frontier Foundation are out to put the squeeze on Universal for issuing a bad-faith DMCA takedown. But Universal told a judge this week that, even though the clip may in fact be “fair use,” it was still “infringement” and therefore the initial takedown notice was made in good faith.