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Re:Company ‘Hijacks’ Blender’s CC By-Licensed Film, YouTube ... by vorpalhex on Monday December 05, 2022 @01:02PM (#33869159)
You only have DMCA protection if you are a (reasonably) neutral host.

"Bob's airplane video emporium of only good airplanes" does not get DMCA protection. If Bob violates copyright, he can't hide behind DMCA.

If Youtube wants the DMCA safe harbor, they have to be (reasonably) neutral _and_ follow the DMCA. That includes restoring videos on counter claim.

Youtube can still do a TOS takedown. "We restored your video but then found it has boobs in it and have removed it." Totally fine.

They can't receive a valid counter claim and then decide to not follow.

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