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If someone uses the DMCA against you and is wrong, file a counter-notice with the hosting company. They are then required to put the content back online within
by prirun 4y ago
If someone uses the DMCA against you and is wrong, file a counter-notice with the hosting company. They are then required to put the content back online within 10 days unless the "rights owner" has filed legal action against the "violator".
From the DMCA https://www.copyright.gov/512/ https://www.copyright.gov/512/:
If the user believes that the material was removed as a result of mistake or misidentification of the material, the user may submit a counter-notice requesting the reinstatement of the material. To be effective, a counter-notice must contain substantially the following information:
(i) a physical or electronic signature of the user;
(ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(iii) a statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
(iv) the user’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
A sample counter-notice is located under the “Notice-and-Takedown Resources” heading.
Following receipt of a compliant counter-notice, the online service provider must restore access to the material after no less than ten and no more than fourteen business days, unless the original notice sender informs the service provider that it has filed a court action against the user.
The notice and counter-notice steps can be visualized as follows:
Notice — Rightsholder sends notice to online service provider regarding infringing material that appears on the online service provider’s system.
Remove Access to Material — Online service provider must act expeditiously to remove or disable access to the infringing material.
Notify User — Online service provider must then promptly notify the user that originally uploaded the material that it has been removed.
Counter-notice — User may submit a counter-notice requesting the reinstatement of the material, if the user believes the removal was due to a mistake or misidentification.
Restore Access or Initiate Court Action — Online service provider must restore access to the material after no less than 10 and no more than 14 business days, unless the original notice sender informs the service provider that it has filed a court action against the user.
Most of the shitty companies expect people to be afraid of the law, but in my experience, when people show that they aren't intimidated, the shit company just goes away. Filing a takedown notice is simple, free, usually very effective, and has no penalty for being wrong. Filing an inappropriate lawsuit however is another matter, and something most companies won't do. Just my opinion.