A California judge, Jeremy Fogel, ruled that content owners must consider “fair use” before sending Digital Millennium Copyright Act (DMCA) takedown notices. These were stated regarding a case involving the YouTube "dancing baby" video. The DMCA is responsible for copyright holders to demand the removal of infringing material on the web, but it also responsible for allowing lawsuits against those who abuse that authority.

This case is about Stephanie Lenz, a mother who filmed her little children while dancing in the kitchen. She added a Prince song in the background – "Let's Go Crazy" and posted it on YouTube. Her video was removed because of a DMCA takedown notice from Universal, along with almost 200 others involving Prince’s compositions.

Thus the woman initiated a lawsuit claiming that she was within the "fair use" provision of a law giving companies the power to issue takedown orders. The judge expressed his doubt about Lenz ever succeeding in proving her case. Lenz contends that Universal only went after her just because they wanted to please Prince.

Lawyers from the Electronic Frontier Foundation, which represents Lenz, argued that Universal violated the notice and takedown provision of the Digital Millennium Copyright Act, which says copyright holders can demand the removal of their works from the Web if they have "a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law."

The ruling is "a major victory for free speech and fair use on the Internet," said Corinne McSherry, a staff attorney at the Electronic Frontier Foundation.