Jim Henderson <nos### [at] nospamcom> wrote:
> On Fri, 20 Jan 2012 14:16:21 -0500, Warp wrote:

> >   In principle if a company sends a DMCA takedown notice eg. to YouTube,
> > if the alleged infringer makes a counter-claim then YouTube is obliged
> > to restore the material without question.

> That's not consistent with what I've heard - the alleged infringer can 
> take legal action, but many users of YouTube are individuals who don't 
> have the resources to go up against a big media company's lawyers.

  No, the counter-claim can be made by the alleged infringer online (YouTube
even offers you directly instructions on how to do so) and YouTube has to
automatically restore the video, no questions asked.

  Of course the copyright holder can then pursue it further if it wants,
but the role of YouTube ends there. (Naturally if you made a spurious
counter-claim and the copyright holder pursues, I'm assuming you'll get
a harsher sentence if found guilty.)

-- 
                                                          - Warp

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