> Yes, if they want to keep their safe harbor protections. If they think it's fair use, refuse to comply with the DMCA notice, and it turns out it wasn't fair u

> Yes, if they want to keep their safe harbor protections. If they think it's fair use, refuse to comply with the DMCA notice, and it turns out it wasn't fair use, they're now liable as infringers. But that is not as simple as it sounds. If you issue a DMCA counter-notice there is no compulsion for the service provider to honor the counter-notice. In fact, the default is to deny the counter claim because of contractual obligations between the service provider and the first party. You can read more about it here: https://www.newmediarights.org/copyright/DMCA/youtube_refusing_honor_dmca_counter_notices https://www.newmediarights.org/copyright/DMCA/youtube_refusi...