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by jrochkind1
2230 days ago
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Hmm, hypothetically if you blanket refuse to respond to coutnernotices, could you lose your protection from liability under DMCA in general? Like even in cases where no notice has been followed? Don't you have to follow the procedures, including responding to counter notices, to be get the protection from liability under DMCA in the first place? Even if in theory, in practice we know the risk is vanishingly low of actually being held liable for much. |
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No, DMCA safe harbor is transactional: if you respond to a particular takedown, you are protected from liability to the issuer of the takedown for the content. If you respond to a particular counternotice, you are protected from liability to that user for taking down the content addressed by the counternotice.