The same is true of "violation of the copyrights, trademarks, patents or trade secrets of third parties".
hence when a DMCA takedown is received, i don't see how DO is in a position to assess that something is or is not a violation. they simply follow the process outlined in the legislation.
An that process has a provision for the customer to file a dispute and this obsolves the host and sends the matter to court. Ot did you
Miss that comment?
sure, a claim can in turn result in a counter claim. i'm not sure why you're asking if i missed such a comment.
i'm under the impression that "fair use" is a defense and/or judge's assessment, rather than something "civilians" can factually declare.