Suppose there are two parties A and B.

A files DMCA against B and the material is taken down. Then B files counter notice against A. Then google sends notice to A that unless A submits notice that they have filed a court order on the infringing material, then the material will be restored. So then A files a court order and shows proof to google. So as a result, is the material taken down or restored? Or is it dependent upon the outcome of the court action?

1 Answer 1


If a legal action is filed, the take down order generally remains in force until a court orders otherwise. If a legal action is not filed with the required time frame, the Internet Service Provider (ISP) such as Google is no longer required to honor the take down order. See generally here and here.

Also, an ISP is not required to honor even a valid takedown order. Doing so sacrifices the ISP's statutory immunity from copyright law liability, but that is all.

  • 2
    Addition: should the suit end with a loss of or dismissal by the suing party, they might be liable for losses incurred by taking down the material as well as lawyer and court fees.
    – Trish
    Commented Jul 28, 2020 at 7:30

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