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by avianlyric 2097 days ago
Reading the DMCA (512(g)[1]) it seems a little more nuanced than that.

The DMCA provides wide protection to the service provider against liability for taking down stuff due to a DMCA notice (e.g. contractual SLA with customers mean nothing). However that protection disappears if the correct counter claim steps are followed, at which point the service provider becomes liable for not providing a service.

Of course with YouTube, they almost certainly have broad T&Cs that let them delete/disable your content for any reason at anytime (it’s not like creators are paying for hosting). So YouTube never had any liability to be protected from.

The net result, YouTube can do whatever they want with your content, and you have little to no recourse.

[1] https://www.law.cornell.edu/uscode/text/17/512