Proof that the work was created independently and was not copied. In civil liability law, a concept of fair use is analogous to a privilege. Fair use law is guided by broad concepts, similar to the privileges of civil liability law, which are determined and guided by broad guiding principles rather than strict legal or customary law definitions. A) whether such a court order, alone or in combination with other similar injunctive relief issued against the same service provider under this subsection, would place a significant burden on the provider or on the operation of the provider's system or network;.
The fair use defense states that another person can make limited use of the original author's work without permission. If the case goes beyond negotiations to reach a settlement and eventually reaches the litigation phase, it may be necessary to present a strong defense at trial. The fact that the conduct of a service provider does not qualify for the limitation of liability under this section will not adversely affect the consideration of a defense by the service provider to the effect that the conduct of the service provider does not constitute a violation under this title or any other defense. However, the defense may still be available under extreme circumstances to limit equitable relief at the start of the litigation.
Because many of them involve the creative process, it's common for one person's work to affect the artistic endeavor of another. Equitable defenses are often affirmative defenses in which the court is asked to justify an action because the party filing the case has acted unfairly. Using Laches' defense means asking the court to determine that the plaintiff waited too long to file a claim after learning about the alleged violation.
