I think a response would take about 30 minutes billed time to tell them that it's fair use. If Sega decided to drop their DMCA claim, I don't think the cost would exceed 2 hours billed time even if they decided to write back or schedule a conference call about it or whatever. Depending on the nature of the claim, Sega's real disposition, and what was on the page, a counternotice might have sufficed to clear it up without ever contacting Sega.
Note that what they did really is fair use -- there are lots of situations in which people think that fair use extends farther than it really does.
Hiring a lawyer to fight a DMCA claim is not the same as hiring one to defend you in a lawsuit or a criminal matter.
> Hiring a lawyer to fight a DMCA claim is not the same as hiring one to defend you in a lawsuit or a criminal matter.
It's still expensive. Two hours of time can cost you into the thousands of dollars; more if you are unlucky enough to get a scumbag of a lawyer.
And there's nothing resembling a guarantee that the letter alone will work. Fair use is a positive defense, which means that you're admitting that you are infringing on their copyright, only you believe that you're within the allowed limitations.
Large corporations can and do easily push the discussion into the court system, since the court is the only entity who can ultimately judge whether something is fair use or not. Suddenly you're up to much more than a couple of hours with your lawyer, only to have the corporation drop the suit at a late hour and leave you with nothing - no judgement in your favor, no recompense for your costs.
On the other hand, raising a stink on Twitter seems to accomplish the same goal, and is free. As much as I dislike the pathology of modern social media, it does seem to be an effective tool for individuals to defend against businesses, big or small.
Note that what they did really is fair use -- there are lots of situations in which people think that fair use extends farther than it really does.
Hiring a lawyer to fight a DMCA claim is not the same as hiring one to defend you in a lawsuit or a criminal matter.