In Lenz v Universal Music Corp, a decision rendered on the 14 September 2015, the Court of Appeals of the Ninth Circuit states that copyright holders are bound to examine fair use before trying to take down content under the Digital Millennium Copyright Act. While this development might appear as a major shift in US copyright law towards a stricter tolerance of frivolous take-down attempts, this comment demonstrates why this is not the case, and why the Lenz decision will instead incentivize copyright holders to remain wilfully blind of fair use concerns.