"To get content removed, copyright holder Bob need only claim a good-faith belief that neither he nor the law has authorized the use. Bob is not subject to pena

"To get content removed, copyright holder Bob need only claim a good-faith belief that neither he nor the law has authorized the use. Bob is not subject to penalties for perjury. In contrast, to get access to content re-enabled, Alice must claim a good faith belief under penalty of perjury that the material was mistakenly taken down. This allows for copyright holders to send out take-down notices without incurring much liability; to get the sites back up, the recipients might need to expend considerably more resources. Section 510(f) makes the sender of an invalid claim liable for the damages resulting from the content’s improper removal, including legal fees, but that remedy is not always practical. Furthermore, ISP’s tend to remove allegedly offending material immediately, while there is a 10-14 day delay before the ISP re-enables access in response to a counter-notice. For example, if a website advertised an upcoming labor protest outside BlameCo, BlameCo could send a DMCA notice to the site's ISP alleging copyright infringement of their name or logo a week before the protest. The site would then be disabled; even if the site's owners immediately filed a counter-notice, access would not be re-enabled until after the protest, too late to be useful." [1] The behavior described above is consistent with many ISPs, Google and Youtube, for example. In fact, with Youtube's stated policy [2] it is not even clear that without consent from the original "copyright holder" that they will restore content (though from DMCA terms alone they are theoretically legally obliged). Wordpress's stated policy [3] is more direct but no less frustrating for victims of malicious takedown notices. [1]: http://en.wikipedia.org/wiki/Online_Copyright_Infringement_Liability_Limitation_Act#Ineffective_Counter-Notice_Procedure http://en.wikipedia.org/wiki/Online_Copyright_Infringement_L... [2]: http://www.youtube.com/yt/copyright/counter-notification.html http://www.youtube.com/yt/copyright/counter-notification.htm... [3]: http://en.support.wordpress.com/content-theft-what-to-do/ http://en.support.wordpress.com/content-theft-what-to-do/