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Forums » Bogus DMCA Claim Gets YouTube Video Yanked » So why is Google at fault here?
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User Generated Media Utopia VS Reality »
« That didn't take long.  
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RARPSL

join:1999-12-08
Suffern, NY

reply to upidstay
Re: So why is Google at fault here?

said by upidstay :

If Google has to research each and every DMCA notice, it would completely bog down the process and content definitely would not be removed in a expeditious manner, one of the provisions granting safe harbor.
Does the DMCA allow for a case where the Take-Down orders keep turning out to be fake so that they can be ignored until the poster can be given a chance to dispute them. IOW: Start out with the assumption that they are valid but once the claimed owner gets a track record of lying to not do the removal until the actual poster has been given a chance to counter-claim ownership (instead of doing the removal before giving the uploader that opportunity).


Jason Levine
Premium
join:2001-07-13
USA

The TechDirt article states that filing a false DMCA takedown notice is against the law. While this teen might not get arrested for his stunt, he likely would get sued if he continued to send in false notices. And if he sent in a hundred false notices before sending in a valid one, I think Google would have a good case as to why they didn't follow the valid take down notice in a timely matter.
Forums » Bogus DMCA Claim Gets YouTube Video YankedUser Generated Media Utopia VS Reality »
« That didn't take long.  


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