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The original author will submit a counternotice and their content will be put back online. If the copier wants to take their bogus case to court, a judge will d
by dangrossman 14y ago
The original author will submit a counternotice and their content will be put back online. If the copier wants to take their bogus case to court, a judge will decide based on the evidence presented. Google cache, Archive.org, server access logs, code repository commit histories, e-mails or whatever else you can find could be presented as evidence of the publication date. In the meantime, the service provider must assume the content is published legally if they want safe harbor protection from bogus lawsuits of their own. I can't think of a better system, honestly.
- dredmorbius 14y ago> The original author will submit a counternotice and their content will be put back online. With a statutorily mandated 10 day delay. Such are the DMCA's take-down procedures.
- dangrossman 14y agoYes, as has been mentioned several times. The act balances the interests of all the parties -- the delay may hurt, but it provides actual victims of copyright infringement the time to go to court and get a preliminary injunction to prevent further damages. If the notice was fraudulent and there was no infringement, the filer is liable for damages and attorneys fees of the accused should they wish to sue and recover them. Whatever loss those 10 days offline caused are recoverable damages.