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Sure but if it's a real DMCA claim won't Google be obligated to reinstate the content? https://www.dmca.com/faq/What-is-a-DMCA-Counterclaim https://www.dmca.co

by hnick 6y ago

Sure but if it's a real DMCA claim won't Google be obligated to reinstate the content? https://www.dmca.com/faq/What-is-a-DMCA-Counterclaim https://www.dmca.com/faq/What-is-a-DMCA-Counterclaim There's a summary but it links to a more detailed PDF. If it is a "real" DMCA claim, then according to this Google must put the content back up within 10 to 14 business days. If it's Google's house rules then they don't, but that would mean it's not a real DMCA claim. Now I understand Google reserves the right to ban you for anything at any time, like all providers. But that would be a secondary action in addition to this.

kllrnohj 6y ago
The content is still up. His channel isn't currently deleted: https://www.youtube.com/c/GarethEvansYT https://www.youtube.com/c/GarethEvansYT If his counter claims are successful there's no reason to believe the channel will be deleted, either.
- hnick 6y ago
  Important clarification, thanks. But we'll see if that holds up if "deleting" becomes past tense. This story probably got enough reach now that something will happen, as usual.
Google234 6y ago
It doesn’t seem like they are obligated to reinstate the content
- hnick 6y ago
  Since the current thread of discussion is operating under the assumption that it's a false claim, under DMCA, and a counterclaim has been correctly filed, the US Copyright Office summary certainly seems to say otherwise. What is your reading of their statement? "If the subscriber serves a counter notification complying with statutory requirements, including a statement under penalty of perjury that the material was removed or disabled through mistake or misidentification, then unless the copyright owner files an action seeking a court order against the subscriber, the service provider must put the material back up within 10-14 business days after receiving the counter notification."

by hnick 6y ago

kllrnohj 6y ago

The content is still up. His channel isn't currently deleted: https://www.youtube.com/c/GarethEvansYT https://www.youtube.com/c/GarethEvansYT If his counter claims are successful there's no reason to believe the channel will be deleted, either.

hnick 6y ago
Important clarification, thanks. But we'll see if that holds up if "deleting" becomes past tense. This story probably got enough reach now that something will happen, as usual.

Google234 6y ago

It doesn’t seem like they are obligated to reinstate the content

hnick 6y ago
Since the current thread of discussion is operating under the assumption that it's a false claim, under DMCA, and a counterclaim has been correctly filed, the US Copyright Office summary certainly seems to say otherwise. What is your reading of their statement? "If the subscriber serves a counter notification complying with statutory requirements, including a statement under penalty of perjury that the material was removed or disabled through mistake or misidentification, then unless the copyright owner files an action seeking a court order against the subscriber, the service provider must put the material back up within 10-14 business days after receiving the counter notification."