|
|
|
|
|
|
by jsiepkes
1888 days ago
|
|
|
> Or they can complete the DMCA counter-notice process, and if that is unchallenged or successful, be reinstated that way. If I was a US resident I would, but I'm not a US resident. If the DMCA claimer decides to challenge my counter notice it ends-up in a US court. Even if their claim is super far fetched they will probably realize there is no way I can realistically defend myself in a foreign court. Worst case I get convicted in absentia and the next time I set foot on US soil I get in trouble at customs. |
|
|
FWIW, you cannot simply be convicted in absentia in the USA. It would violate the 5th, 6th, and 14th Amendments and the due process rights they secure for a defendant. SCOTUS covered this in Hopt v. Utah in the late 1800s and there has been no revision since. If someone engages in voluntary behavior after a trial begins the trial may still proceed, like if they're there for the start of the trial and then voluntarily flee, or they're disruptive, given warning they could be ejected, and continues to be disruptive. But the trial can't start without them.
Granted here we're not talking criminal law at all. And most DMCA takedown claims are just mass sent on the cheap with zero intent to followup.