4 ms·
Companies do not HAVE to comply with DMCA take down requests. The reason the vast majority do is because of the safe harbour provisions. The platform is protect
by patmorgan23 3y ago
Companies do not HAVE to comply with DMCA take down requests. The reason the vast majority do is because of the safe harbour provisions. The platform is protected and has no liability if they comply with the DMCA take down notice.
If a company chooses to not comply the next step is for the alleged rights holder to file a copyright infringement suit. If that doesn't happen then the Platform is fine. If an infringement suit is filed then the Platform could be dragged in and held partially liable for damages.
Platforms have stood up to obviously frivolous takedown notices before, though not usually from big rights holders that have lots of copyright attorneys.
This is definitely a part of the law that is unbalanced and needs some tunning to punish/prevent abuse.