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No. If CNET refuses to take it down, you (OP) could file a lawsuit, but CNET has no grounds to sue you for a DMCA notice that you are legally correct in sending
by colejohnson66 5y ago
No. If CNET refuses to take it down, you (OP) could file a lawsuit, but CNET has no grounds to sue you for a DMCA notice that you are legally correct in sending.
- buran77 5y agoNo to which part exactly? Nothing in "ends up with a lawsuit if the 2 parties don't agree [...] or can drop the whole thing" suggests CNET can file a lawsuit. Without an agreement the only way to take down the content is a lawsuit.
- macintux 5y agoI think the fundamental dispute is this: sure, CNET could ignore the DMCA notice, but in that case the developer is in no worse shape legally than if they don't file the notice at all. So "backfire" is definitely not the right word, and "misfire" is true but not a reason to discard the best, cheapest weapon in this fight.