Interesting Legal Shenanigans
17 U.S.C. § 107
Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright
I'm guessing this, and The Intercepts web host having the back-bone to brush off spurious DMCA take-down requests, is why the article hasn't been pulled?
Biting the hand that feeds IT
