3 ms·
The circumstances where the escrow IS NOT returned would be the forfeitures. You have to read between the lines since the comment only specifies when escrow IS
by Buttons840 6y ago
The circumstances where the escrow IS NOT returned would be the forfeitures. You have to read between the lines since the comment only specifies when escrow IS returned.
So, alleged copyright owner loses escrow when a counter claim is filed. The accused loses escrow when a lawsuit is filed.
This detail isn't as important as the overall result. Those who engage in mass DMCA abuse will directly lose money as a result.
- deleted 6y ago[deleted]
- ac29 6y ago> The accused loses escrow when a lawsuit is filed. So all the alleged copyright owner needs to do to deprive the accused of $Y is file a lawsuit (which could be completely lacking in merit)? That is arguably worse than the status quo, unless $Y is trivially small, in which case it lacks meaning to begin with.
- wtallis 6y agoIf the plaintiff's case lacks merit, the defendant will get $Y back when the plaintiff loses, plus other fees, and the plaintiff who wasted everyone's time pays all of those costs and potentially punitive damages or sanctions if it was a really egregious abuse of the takedown process.