4 ms·
- "When a provider receives a counter notice, they must forward it to the original complainant, and restore the challenged material after 10-14 business days. A
by perihelions 5y ago
- "When a provider receives a counter notice, they must forward it to the original complainant, and restore the challenged material after 10-14 business days. At this point, if the complainant wishes to keep the material down, they must file a lawsuit against the alleged infringer."
In practice, the complainant probably finds it more cost-efficient to (0) ignore your counter-notice, and (1) refile their original complaint, unaltered, restarting the DMCA process from zero. If GitHub reinstated your work, they'll simply take it right back down again, like a yo-yo.
Much cheaper than lawyers.
https://github.com/github/dmca/search?q=TheRayTracer https://github.com/github/dmca/search?q=TheRayTracer
This is what the process looks like when you're not HN-front-page support tier.
(I'm not affiliated with these parties; I stumbled on this set of DMCA interactions while reading the previous HN story last week).
- tremon 5y agoCan't GitHub ignore the second complaint as a duplicate? The quoted text explicitly says "if the complainant wishes to keep the material down, they must file a lawsuit" so simply re-filing the original complaint should not take the material down again.
- philderbeast 5y agogithub (and other providers) have no obligation to host your content though, so the "restore the challanged material" part has no effect in a lot of cases and the material stays down regardless of sending a counter notice.