Re:Qualcomm issues DMCA takedowns for 116 GitHub repositorie...
by wpietri on Friday July 04, 2014 @12:23PM
(#7989365)
I think the first would make it useless for purposes of enforcement, so I think that's a bad idea.
But the opportunity for counternotice seems like a great idea, perhaps including some discretion for the hosting company. When the DMCA was written, they would have had to allow for a relatively long period. But now that we all have the internet in our pockets, it seems like a few days or maybe a week would be plenty of time.
Even in a notice and takedown system, the time required to act on the notice could be increased to ensure that the target has an opportunity to counternotice, and the counternotice could be made immediately effective, rather than effective with a delay.