Re:YouTube: filmmakers presumed guilty until maybe proven in...
by dragonwriter on Monday October 18, 2021 @08:53PM
(#28913727)
> The DMCA also explicitly states that it's protection against liability doesn't apply to service providers that do not properly implement the counter-claim reinstatement process
No, it doesn't.
It says that the liability shield against the user whose material was taken down only applies when material is restored according to the counternotice process, and the liability shield against copyright claimants does not apply if material is restored other than according to the counternotice process.
But since providers tend to be able to structure their relationship with users so that they have no liability for taking material down for any reason, they rarely need that side of the safe harbor. DMCA safe harbor has an illusion of symmetry, but since the underlying liability tends not to be symmetrical, neither is the safe harbor in practice.
No, it doesn't.
It says that the liability shield against the user whose material was taken down only applies when material is restored according to the counternotice process, and the liability shield against copyright claimants does not apply if material is restored other than according to the counternotice process.
But since providers tend to be able to structure their relationship with users so that they have no liability for taking material down for any reason, they rarely need that side of the safe harbor. DMCA safe harbor has an illusion of symmetry, but since the underlying liability tends not to be symmetrical, neither is the safe harbor in practice.