> A DMCA claim (or takedown) is when a copyright holder notifies a service provider that they have infringing material on their site/service. It is also known as a “Notification of Infringement”. For example, Twitch has these guidelines for submitting DMCA claims. Essentially it boils down to send in writing who you are, who is infringing your rights, how they’re doing it, and swear under penalty of perjury that you are telling the truth.
https://blog.pretzel.rocks/lets-take-a-minute-to-talk-about-...
I mean, there is no getting around it if you want the countersuit to work and reflect poorly on the claimant, but you are agreeing to letting the U.S. have extra-territorial jurisdiction.
If penalties are issued by the hosting company, then they just won't be paid. Then you lose: there's no way to take all the non-paying offenders to court, and you can't ignore subsequent requests, so you wind up in the same situation as you're in now.
Instead, move the onus off the hosting company: if they receive from some entity a DMCA takedown that is believed to be false (according to whatever standards are applied to counterclaims), then no further takedown notices from that entity are required to be obeyed until the entity takes appropriate remedial action.
There are no standards for counterclaims except format standards. All a counterclaim does is permit undoing a takedown without the provider being liable, transferring determination of who is right to litigation between the purported copyright owner and the content uploader with the host fully immunized.
I remember uploading a BF3 montage on YouTube some eons ago when it was all the rage, no copyrighted music or anything. I received a DMCA claim by some spanish tv/broadcasting company or something along those lines, totally unrelated to my content.
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The fact that DMCA claims can be issued with no human interaction and no repurcussions is beyond me. If anything, the hosting company should at least issue penalties on false claims.