Quote:
Originally Posted by Quentin
For those interested in reading it, there's a copy of the complaint itself available via a link at the bottom of AVN's article about it.
It's interesting reading, and if you look closely at the details, you'll see there are some aspects of this that might be easier for a court to base its decision on than the First Amendment/fair use questions being discussed in this thread. 
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actually if you read the filing it perfect for the first ammendment /fair use arguements made here
from the fact
- that the music is contextually relevent to the story (i kissed the girl)
- they only use it in that context and avoid using the music in the preview promo clips
- use only title only promotion of the music (ala lenz vs universal)
- and that the industry refuses to licience it to hard core (censorship vs income protection)
it almost a perfect fit.