> How is a service provider supposed to determine which of the alleged infringements were actually infringements? Here's an outline of what the service provide

> How is a service provider supposed to determine which of the alleged infringements were actually infringements? Here's an outline of what the service provider has to do when they receive a notice from a complainer about alleged infringing material posted by a user of the service, if the provider wants to take advantage of the DMCA safe harbor. 1. Do a simple check of the complaint to see if it contains the required information (contact information of the complainer, asserting that the complainer is authorized to act on behalf of the copyright owner, description of what specifically is allegedly infringing, etc). 2. If it passes the check remove the alleged infringing material. 3. If the alleged infringer tells service provider that the material is not infringing, the service provider must restore the alleged infringing material, and provide the complainer with contact information of the alleged infringer. After that if the complainer wants to force the removal of the material they have to bring an infringement lawsuit against the alleged infringer. If the complainer does so and wins then the person who was an alleged infringer becomes simply an infringer. The complainer can again ask the provider to take down the material, but this time instead of making a DMCA request they can provide a copy of the judgement from that lawsuit. That makes the provider aware that the material is actually infringing, not just allegedly infringing, and the DMCA safe harbor is not available. The provider must take down the material or the provider itself might be liable for infringement.