Jim Henderson <nos### [at] nospamcom> wrote:
> >   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.

  There have been actual cases, though, where YouTube *has* seemingly
taken the role of a judge and determined *not* to restore some videos
even after several counter-claims. In at least one example when the
alleged infringer threatened to pursue legal against YouTube (well,
Google) because they were breaching their own "safe harbor" status by
taking an active stance, YouTube finally silently agreed to restore the
videos in question.

  The moral of the story is that if you are certain that you have not
infringed any copyright and some bully is shutting your video down by
making spurious DMCA claims, don't give up even if YouTube refuses to
restore the video at first. They just have to.

-- 
                                                          - Warp

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