A father who live-streamed his son’s birth on Facebook and proceeded to sue for copyright infringement several media outlets that used the clips has lost his case.

US District Judge Lewis Kaplan ruled yesterday that the lawsuit filed by Kali Kanongataa must be thrown out, after the American Broadcasting Company and other defendants filed motions arguing that their use of the clips was covered by “fair use.”

Kaplan’s reasoning wasn’t included in his written order. Minutes from yesterday’s court hearing aren’t yet available. But ABC’s argument in favor of fair use is on the public record, and Kaplan presumably accepted some or all of that argument.