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On Fri, 20 Jan 2012 15:21:48 -0500, Warp wrote:
> Jim Henderson <nos### [at] nospam com> 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.
That's interesting, I wasn't aware of that. Thakns.
> 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.)
Perhaps, though I suppose if the rights are actually in question, then
you probably wouldn't get a harsher sentence. It would make a difference
if you made a counter-claim in the hopes the rights-holder wouldn't
bother pursuing it vs. there being an actual question of ownership.
Jim
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