Hacker News new | ask | show | jobs
by yladiz 970 days ago
Isn't the onus on the provider (Shopify) to quickly respond to DMCA requests lest they are legally liable for the content on the platform? Let's say they completely manually responded to DMCA requests, for example, what is the amount of time they're allowed to take before responding - 24 hours, 7 days, 30 days?
1 comments

I'm not suggesting they manually respond to DMCA requests. I'm saying that should they wish to automate the process, they should have a large enough team to handle the appeals from such an automated process promptly.

A business being taken offline for two weeks without notice or recourse is unacceptable in my opinion. How many small businesses have the reserves to weather that? And even if they did, the stress of it happening again a week later, or the week after that?

The DMCA requires that the material be restored “no less than ten days”[1] after receiving the counter-notice, to allow the person who filed the original takedown to file a suit to keep it down if they are serious.

The penalty for the platform is that they lose their safe harbor; if a takedown has merit and they restore it before 10 days they could be sued too. I do wish platforms would go to bat for their users when a takedown was obviously fraudulent and restore the content immediately, but getting it wrong would be expensive.

[1] https://www.aclu.org/documents/text-digital-millennium-copyr...