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"If I understand correctly, then anyone with certain authority can file a DMCA takedown notice, which results in the removal of protected content. Anyone who po

"If I understand correctly, then anyone with certain authority can file a DMCA takedown notice, which results in the removal of protected content. Anyone who posted the content and wants to challenge that notice can also do so, resulting in the restoration of the content, but not until a few days later." No. Anyone. Period. "In the long run, this mechanism does not suppress free speech or prevent the information from being distributed if proper counters are filed. However, in the short term it can delay that distribution. This is still potentially significant, but it is a different situation." Again incorrect. DMCA states that to file a counter notice, you are allowing the DMCA violation filer to go after you in court in their country. So if I am from France and post an article about The Church of Scientology, to counter the DMCA I would have to allow TCOS to sue me in US courts, not in my country's courts. The reason I mention TCOS is because they abused DMCA a few years back silencing most information online giving them negative PR. Only few actually filed counter notices. In general most people don't file counter-notices because their are either scared about legal procedings or don't know what part hit the DMCA clause, don't want to be taken to court (remember the DMCA notice does not mean the person even knows who you are, they just got information forwarded through the ISP or whatever service) while the counter notice reveals who you are.

Silhouette 17y ago
I'm intrigued by this provision about filing in other countries, which I hadn't heard about before. How does this work? Surely someone in the US can already sue you in US court, in principle. If you live in another country and don't turn up to defend yourself, would they not win by default, and perhaps be awarded some form of damages which you would then, in principle, owe them? But since the US courts have no jurisdiction outside US territory, most foreigners would just ignore such a silly legal action anyway, other than avoiding going to the US in the future. Unless some form of compulsory extradition is involved, I don't see how the DMCA thing is any more of an abuse than the above scenario. TCOS can try to sue me all they like, but since I'm here and they're there, I will just ignore them, and so will my country's government. What is the danger that I'm not understanding here?

Silhouette 17y ago

I'm intrigued by this provision about filing in other countries, which I hadn't heard about before. How does this work? Surely someone in the US can already sue you in US court, in principle. If you live in another country and don't turn up to defend yourself, would they not win by default, and perhaps be awarded some form of damages which you would then, in principle, owe them? But since the US courts have no jurisdiction outside US territory, most foreigners would just ignore such a silly legal action anyway, other than avoiding going to the US in the future. Unless some form of compulsory extradition is involved, I don't see how the DMCA thing is any more of an abuse than the above scenario. TCOS can try to sue me all they like, but since I'm here and they're there, I will just ignore them, and so will my country's government. What is the danger that I'm not understanding here?