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Youtube does not use the DMCA nor does it comply with the DMCA. The DMCA requires the service provider reinstate the content 14 days after the dmca is conteste
by MrStonedOne 5y ago
Youtube does not use the DMCA nor does it comply with the DMCA.
The DMCA requires the service provider reinstate the content 14 days after the dmca is contested unless the claimant follows through on the claim by filing a lawsuit in court. Youtube does not do this.
The DMCA also explicitly states that it's protection against liability doesn't apply to service providers that do not properly implement the counter-claim reinstatement process, and as such, youtube is not covered by the dmca's shield.
- dragonwriter 5y ago> The DMCA also explicitly states that it's protection against liability doesn't apply to service providers that do not properly implement the counter-claim reinstatement process No, it doesn't. It says that the liability shield against the user whose material was taken down only applies when material is restored according to the counternotice process, and the liability shield against copyright claimants does not apply if material is restored other than according to the counternotice process. But since providers tend to be able to structure their relationship with users so that they have no liability for taking material down for any reason, they rarely need that side of the safe harbor. DMCA safe harbor has an illusion of symmetry, but since the underlying liability tends not to be symmetrical, neither is the safe harbor in practice.
- MrStonedOne 5y agoWhile I hadn't caught that part of it, technically what i said is still correct.