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On Fri, 20 Jan 2012 16:24:42 -0500, Warp wrote:
> Jim Henderson <nos### [at] nospam com> 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.
I think they count on individuals not being willing to pay court costs to
get a single video reinstated.
Jim
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