4 ms·
Depends on your definition of trouble. You can counterclaim that the content you're sharing is in fact fair use or otherwise not infringing, the original claim
by jojobas 3y ago
Depends on your definition of trouble.
You can counterclaim that the content you're sharing is in fact fair use or otherwise not infringing, the original claiming party has some time to sue you, and if they don't, you can sue them for damages caused by the takedown. I don't know whether anything can be done about a takedown notice on content that never existed in the first place, perhaps some generic harassment complaint?
- anonymouskimmer 3y ago> and if they don't, you can sue them for damages caused by the takedown. You can counter-sue them regardless of whether or not they sue you. They have made a claim that you are in violation of the law. You are allowed to go to court first to get a "declaratory judgment" that you are not. https://youtu.be/-7H8SZMwz24?t=1320 https://youtu.be/-7H8SZMwz24?t=1320 (30 seconds to watch relevant part)
- dtgriscom 3y agoWould there be damages if their claim was found false? If not, then that's still just legal noise to them (although it could be a step towards something that actually hurts).
- anonymouskimmer 3y agoIn jurisdictions which allow it, probably some attorney/filing fees.