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Please stop giving wrong legal advice. Google has a legal requirement to forward the DMCA claim. The recipient is allowed to counter claim at which point Googl

Please stop giving wrong legal advice. Google has a legal requirement to forward the DMCA claim. The recipient is allowed to counter claim at which point Google has done their job and is no longer liable, it goes to the courts. This is Google choosing to execute a takedown, which funny enough does expose them to some risk.

Meph504 4y ago
Google doesn't have a legal requirement to allow the app to exist in its market place. Google does have a legal requirement to comply in good faith to DMCA and copyright claims. It is really simple from a legal standpoint for google, which path to take. what "risk" are they exposing themselves too by not allowing this app again?
- lsaferite 4y ago
  > OCILLA also includes a counternotification provision that offers OSPs a safe harbor from liability to their users when users claim that the material in question is not, in fact, infringing. DMCA Counter Claim https://www.dmca.com/FAQ/What-is-a-DMCA-Counterclaim https://www.dmca.com/FAQ/What-is-a-DMCA-Counterclaim
  - Meph504 4y ago
    Yeah no doubt there are countless things that can be done, but all are initiated by the app dev, and none will probably compel Google do anything without a legal determination that the app isn't infringing. This system like in most cases is stacked against the little guy, he has an avenue but it's a long and possibly costly one.
- vorpalhex 4y ago
  Google only must comply with a non-contested DMCA notice. The moment it is contested, Google is done and has done their job. They are not the copyright arbiters - that would be the job of the court. By executing a takedown, Google is not acting under the DMCA. They are executing a takedown of an app that may or may not be infringing. They can absolutely be sued or taken to arbitration (ToS withstanding) with no DMCA protection.
  - deleted 4y ago
    [deleted]

Meph504 4y ago

Google doesn't have a legal requirement to allow the app to exist in its market place. Google does have a legal requirement to comply in good faith to DMCA and copyright claims. It is really simple from a legal standpoint for google, which path to take. what "risk" are they exposing themselves too by not allowing this app again?

lsaferite 4y ago
> OCILLA also includes a counternotification provision that offers OSPs a safe harbor from liability to their users when users claim that the material in question is not, in fact, infringing. DMCA Counter Claim https://www.dmca.com/FAQ/What-is-a-DMCA-Counterclaim https://www.dmca.com/FAQ/What-is-a-DMCA-Counterclaim
- Meph504 4y ago
  Yeah no doubt there are countless things that can be done, but all are initiated by the app dev, and none will probably compel Google do anything without a legal determination that the app isn't infringing. This system like in most cases is stacked against the little guy, he has an avenue but it's a long and possibly costly one.
vorpalhex 4y ago
Google only must comply with a non-contested DMCA notice. The moment it is contested, Google is done and has done their job. They are not the copyright arbiters - that would be the job of the court. By executing a takedown, Google is not acting under the DMCA. They are executing a takedown of an app that may or may not be infringing. They can absolutely be sued or taken to arbitration (ToS withstanding) with no DMCA protection.
- deleted 4y ago
  [deleted]