2 ms·
This is incorrect. The account will not be banned if you submit counternotices to all complaints. You don't need to sue: as I explained, it's the company alleg
by ikeboy 7y ago
This is incorrect. The account will not be banned if you submit counternotices to all complaints.
You don't need to sue: as I explained, it's the company alleging infringement that needs to sue to keep the claim going. This is astonishingly unlikely for a clear case of fair use.
DMCA is a great policy: it's what permits YouTube to reinstate videos after a counternotice is received. Otherwise they'd just keep everything removed for fear of liability.
I'm currently suing a large company [0] for false IP claims against my Amazon account. Those are under trademark law, not copyright law, and so there's no similar ability to send a counternotice and get the claim reversed. I wish there was a similar DMCA framework applied to trademarks, it's just so much better than the status quo.
Also, YouTube has a fund to defend fair use.
[Case is Thimes Solutions Inc v Tp-link et al if you want to follow it]