Under DCMA, on receiving a valid counter notification they are free to put the content back on the site, remove the strike from the content uploader and let the courts handle the matter between the two parties.

https://twitter.com/leonardjfrench/status/130794817037951385...

It’s only if Google “ignore” valid dmca takedown notifications they are at risk of losing their safe harbour exceptions. How they handle the counter notifications can be pretty hit and miss. (but tbf, most of the time it’s because the person filing the counter notification didn’t fill it out exactly how Google’s bots like) I’ve seen cases where YT just automatically removed the strike from the account and restored the video on receipt of the counter notice. I’ve seen cases where they have locked the account even though the person filing the DMCA notifications has publicly admitted to taking down the video because it was critical of the work and the video only contained small pieces of the original content (exactly what you would expect to be covered under the criticism and comment portions of fair use exception).

They're not afraid of DMCA, but big money pulling out if they're insufficiently aggressive about claims...

Which is why they have Content ID. Big money can use the system to claim the ad rev / remove the content (without giving the user a strike) then putting the onus on the uploader of the video to then take the fight to the claimant for breaching their rights.

I don't know, but I've read that the counter here is that YouTube's system isn't actually DCMA - they are pursuing copyright over and above that system, and therefore the "protections" in DCMA don't apply - you broke a Google policy, not a law, and therefore you have no recourse.

There is "copyright take down requests" which are DMCA takedowns and gives the uploader strikes against their account and there is Googles own copyright system (Content ID) which Google would rather have right holders use (as they don't have to issue strikes to the users) that allow the claimant leave the video up but get the analyics from the video, claim the ad revunue from the video, mute the video (in cases where its an audio claim) or remove the video.

When you get a claim on the latter system (Content ID) you don't get a strike on your account but if you appeal the claim its (normally) upto the claimant to decide if your appeal is valid or not (sometimes YT does step in an say "yeah its fair use, have your ad rev back" but that is not the norm).

These takedowns are actual DMCA takedown requests. (even TeamYouTube are telling him to issue (valid) counter notifications to these claims - https://twitter.com/TeamYouTube/status/1306733040211824645)