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Unless it has changed, a DMCA notice works like this: 1. Someone files a DMCA takedown against you 2. The service you are using notifies you and takes down th

by prirun 5y ago

Unless it has changed, a DMCA notice works like this: 1. Someone files a DMCA takedown against you 2. The service you are using notifies you and takes down the content 3. If you assert that you are not violating DMCA, the service must put the content back online 4. It is then up to the original filer to sue you Sure, if you don't dispute the DMCA, your stuff goes offline. But if you do dispute it, the online service is required to put your stuff back online. Or that was how it was when it was first put into effect.

aaomidi 5y ago
Not everyone follows it like this due to being scared of what ramifications it can have for them. Even if it's fully legal for them to, money has the last word.
- prirun 5y ago
  And that only changes when the ones with strength in numbers - us - realize that if we all do the right thing and protest bogus DMCA takedowns, the ones with money can't win. I received a "you are violating our patent" letter once, in the US mail, with an offer to grant me a license if I paid them and a threat if I didn't. It was pretty scary, but sometimes you have to grow a pair and do the right thing. I wrote them back, told them they were full of shit, and never heard another thing about it.
kayfox 5y ago
In a number of cases the service just takes the content down and thats the end of the process.
dredmorbius 5y ago
The material may remain offline even if challenged for ten to fourteen days without liability to the service provider by the entity posting the content. In many cases, that's an effective mechanism for quashing unwanted news or attention in a time-critical period. https://www.law.cornell.edu/uscode/text/17/512 https://www.law.cornell.edu/uscode/text/17/512 Many people won't take step 3. DMCA'd content is offline for good. See the Chilling Effects project, now "Lumen", for details and examples: https://www.lumendatabase.org/ https://www.lumendatabase.org/

by prirun 5y ago

aaomidi 5y ago

Not everyone follows it like this due to being scared of what ramifications it can have for them. Even if it's fully legal for them to, money has the last word.

prirun 5y ago
And that only changes when the ones with strength in numbers - us - realize that if we all do the right thing and protest bogus DMCA takedowns, the ones with money can't win. I received a "you are violating our patent" letter once, in the US mail, with an offer to grant me a license if I paid them and a threat if I didn't. It was pretty scary, but sometimes you have to grow a pair and do the right thing. I wrote them back, told them they were full of shit, and never heard another thing about it.

kayfox 5y ago

In a number of cases the service just takes the content down and thats the end of the process.

dredmorbius 5y ago

The material may remain offline even if challenged for ten to fourteen days without liability to the service provider by the entity posting the content. In many cases, that's an effective mechanism for quashing unwanted news or attention in a time-critical period. https://www.law.cornell.edu/uscode/text/17/512 https://www.law.cornell.edu/uscode/text/17/512 Many people won't take step 3. DMCA'd content is offline for good. See the Chilling Effects project, now "Lumen", for details and examples: https://www.lumendatabase.org/ https://www.lumendatabase.org/