February 15, 2007
DMCA Saga Act II: Counter-Notification

Under the Digital Millennium Copyright Act's safe harbor provisions, Internet service providers are immunized from monetary liability for users' copyright infringements if the ISPs follow notice-and-takedown procedures set out in Section 512. 512 also includes a counter-notification-and-putback procedure, 512(g), by which ISPs are encouraged* to replace material if they get a counter-notification asserting "good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled."

So, having received a mistaken DMCA notification, I sent my counter-notification to YouTube, generated with the Chilling Effects counter-notice generator. 512(g) instructs the ISP to replace the material in 10-14 business days. Check back in March to see if YouTube reposts those Super Bowl copyright warnings.

*The encouragement? They're immunized from suit by their users if they put back. Alert readers of TOSs will notice, however, that the ISPs terms of service usually provide this immunity already, even if the ISP dumps a user for no reason at all. 512(g) doesn't have much bite.

Posted by Wendy at 05:57 PM