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by paulgb 967 days ago
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...