3 ms·
> My recollection is that the recipient of the claim could also voluntarily waive DMCA immunity over that specific claim by consciously deciding not to honor it
by magicalist 5y ago
> My recollection is that the recipient of the claim could also voluntarily waive DMCA immunity over that specific claim by consciously deciding not to honor it.
This is another way of saying if you don't follow the DMCA you become liable for the infringing content (if the content owner sues and is successful, of course), which is indeed what the DMCA says :)
- schoen 5y agoBut another intuition or worry people might have is that they will completely lose the safe harbor for all of their activities if they refuse to honor any takedown. I can see why people would have that fear, but I don't think it's right.
- KarlKemp 5y agoIt’s also not real. This is civil law. One claimant has nothing to do with the other.
- schoen 5y agoIf you look at how it's described in, say, https://www.copyright.gov/512/ https://www.copyright.gov/512/ there's a fair amount of ambiguity because they're talking about the ability to qualify for safe harbors in general, presumably mixed together with the ability to qualify in a specific case, without drawing that distinction explicitly.