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> I think the whole thing is dumb, but at the very least there should be some form of punishment for bogus DMCA claims, and purposefully labyrinthine DMCA proce
by toast0 2y ago
> I think the whole thing is dumb, but at the very least there should be some form of punishment for bogus DMCA claims, and purposefully labyrinthine DMCA processes.
This isn't a copyright claim, so DMCA doesn't apply, but the DMCA rewards labyrinthine DMCA processes by granting the provider immunity. Following notice / counter-notice timelines in the law means the host is not liable to either of the other parties for the takedown or the restoration.
Might be nice if there was a faster process to restoration if the customer vows to indemnify the host though.
- wbl 2y agoNo, it doesn't because trademark isn't copyright.