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> If anything, the hosting company should at least issue penalties on false claims. If penalties are issued by the hosting company, then they just won't be pai
by JadeNB 6y ago
> If anything, the hosting company should at least issue penalties on false claims.
If penalties are issued by the hosting company, then they just won't be paid. Then you lose: there's no way to take all the non-paying offenders to court, and you can't ignore subsequent requests, so you wind up in the same situation as you're in now.
Instead, move the onus off the hosting company: if they receive from some entity a DMCA takedown that is believed to be false (according to whatever standards are applied to counterclaims), then no further takedown notices from that entity are required to be obeyed until the entity takes appropriate remedial action.
- dragonwriter 6y ago> if they receive from some entity a DMCA takedown that is believed to be false (according to whatever standards are applied to counterclaims) There are no standards for counterclaims except format standards. All a counterclaim does is permit undoing a takedown without the provider being liable, transferring determination of who is right to litigation between the purported copyright owner and the content uploader with the host fully immunized.
- deleted 6y ago[deleted]