- The content owner may sent a counter-notification, and the Online Service Provider must put the content back up with two weeks, or it may be held liable for monetary damages.
- The original DMCA notice issuer must then actually sue the content owner to actually remove the content
- If the issuer makes a false claim, and it can be shown that they knew it was false, then they can be held liable for significant fines under the DMCA.
The only downside I see is that an average Joe doesn't know how this works and can easily have their content removed for ten days or longer. For breaking news and the like, ten days on the internet can be an eternity. But usually its not a problem.
I'm curious, how would you address this problem better?
The DMCA enabled the broken, DRM-ridden media landscape we enjoy today.
You also forgot to mention that although the provider is supposed to restore the content within 14, they're also not allowed to do so any earlier than 10 business days. They have to give the copyright holder time to consider if they want to bring a lawsuit. So if I don't like, say, a negative book review you wrote, I can knock it offline for minimum two weeks with a single spurious letter.
There are many examples of copyright holders using the DMCA takedown in bad faith to silence critics.
Right. Tell that to Dimitry Skylarov.
Google said on Friday that an error caused the search engine to remove The Pirate Bay from its search pages.
"Google received a (Digital Millennium Copyright Act) take-down request that erroneously listed Thepiratebay.org, and as a result, this URL was accidentally removed from the Google search index," Google said in a statement. "We are now correcting the removal, and you can expect to see Thepiratebay.org back in Google search results this afternoon."
Later, Google updated it's statement: "The removal appears to be an internal error and not part of a DMCA request."
Separately, The Pirate Bay's site appeared down Friday afternoon at 1:15 p.m. PT, at least in many U.S. areas.
http://www.google.com/cse/home?cx=003849996876419856805:erhh...
But Bing wins with the front page: http://www.bing.com/search?q=pirate+bay&go=&form=QBL...
On a side note: The way bing shows the first result it made it feel like an ad and I skipped it the first time.
Also: The related search results in Bing are quite useful.
