Timeline for DMCA Takedown: How to respond to counter-notice & Defendant disclosed my info and about DMCA takedown request on online community, is it legal?
Current License: CC BY-SA 4.0
3 events
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Jan 22, 2022 at 23:03 | comment | added | David Siegel | @gnasher729 Not always. Having hosted infringing content is actionable in the absence of the safe harbor, and taking it down on request is not a solid defense. The owner could proceed to file and win a suit even after a takedown. Many might not, but some might. But my point is that it isn't really a DMCA takedown, because the DMCA rules do not apply, even if the provider chooses to honor the notice. | |
Jan 22, 2022 at 22:50 | comment | added | gnasher729 | Outside the USA a provider might not gain a legal advantage if sued if they follow a DMCA notice, but as long as removing content is legal, they will gain the advantage of not being sued in the first place. | |
Jan 22, 2022 at 19:49 | history | answered | David Siegel | CC BY-SA 4.0 |