Isn't the DMCA already supposed to cover this type of situation? I can't tell from this article what was actually going on, unfortunately.
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They had a number of ways to avoid this problem entirely and the fact that they didn't yet again brings Brewster's judgement into question. He's a sweet guy but clearly not an operations or business guy. He's at retirement age and has an opportunity to do the right thing. Hopefully clearing these lawsuits will open up some options.