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0 pointswatusername4y ago0 comments

Can you file a counter-notice _in absence of_ a DMCA notice? The problem at hand is not DMCA.

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Google claimed a copyright violation and did a takedown. That's what DMCA counter-notices are for. They phrased it in other terms, but ask a lawyer if that matters.

manquer4y ago

It matters for counter notice that they didn't issue a DMCA notice, you can always sue them of course, but since the first action is not under framework of DMCA, you cannot issue a counter notice to what is not a DMCA notice.

The lawsuit is not strong either because their ToS says they can delete your all your data for any and no reason at all.

Animats4y ago

What Google calls the action is a non-issue. "Wrongful assertion of a copyright violation" is illegal and actionable. It's hard to win on that, but it's been done.[1]

[1] https://en.wikipedia.org/wiki/Smith_v._Summit_Entertainment_...

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Animats4y ago

Google claimed a copyright violation and did a takedown. That's what DMCA counter-notices are for. They phrased it in other terms, but ask a lawyer if that matters.

manquer4y ago

The lawsuit is not strong either because their ToS says they can delete your all your data for any and no reason at all.

Animats4y ago

What Google calls the action is a non-issue. "Wrongful assertion of a copyright violation" is illegal and actionable. It's hard to win on that, but it's been done.[1]

[1] https://en.wikipedia.org/wiki/Smith_v._Summit_Entertainment_...

1 more reply

j / k navigate · click thread line to collapse