Doesn’t CrowdStrike have more important things to do right now than try to take down a parody site?
That’s what IT consultant David Senk wondered when CrowdStrike sent a Digital Millennium Copyright Act (DMCA) takedown notice targeting his parody site ClownStrike.
Senk created ClownStrike in the aftermath of the largest IT outage the world has ever seen—which CrowdStrike blamed on a buggy security update that shut down systems and incited prolonged chaos in airports, hospitals, and businesses worldwide…
DMCA takedown notices are not preemptively judged on their merits before filing. Anyone can file a frivolous takedown notice, just as anyone can file a frivolous lawsuit.
Yes parody is protected speech under fair use. Yes, companies are required to account for fair use before filing takedown notices. These things would come up if the case goes to trial which is unlikely.