5 ms·

Can you file a counter-notice _in absence of_ a DMCA notice? The problem at hand is not DMCA.

• Animats 5y ago
  Google claimed a copyright violation and did a takedown. That's what DMCA counter-notices are for. They phrased it in other terms, but ask a lawyer if that matters.
  • manquer 5y ago
    It matters for counter notice that they didn't issue a DMCA notice, you can always sue them of course, but since the first action is not under framework of DMCA, you cannot issue a counter notice to what is not a DMCA notice. The lawsuit is not strong either because their ToS says they can delete your all your data for any and no reason at all.
    • Animats 5y ago
      What Google calls the action is a non-issue. "Wrongful assertion of a copyright violation" is illegal and actionable. It's hard to win on that, but it's been done.[1] [1] https://en.wikipedia.org/wiki/Smith_v._Summit_Entertainment_LLC https://en.wikipedia.org/wiki/Smith_v._Summit_Entertainment_...
      • manquer 5y ago
        It is hard to say who will win in any case, but yes as you say and is known it would hard to win on those(or other) grounds which is why the case is weak. Also to note Google/Youtube did not get sued in the case you cited. It was only the company which claimed infringement that got sued and lost.