[georgemcbay]

I'm not talking about things that are "kinda legal", I'm talking about situations where:

Guy uploads item that is clear to anyone with a brain is fair use.

Studio X files DMCA to Google.

Google automatically disables the video

Guy fights to reinstate the video, gets approval, video is re approved.

(So far this is what happens now, according to this guy's account)

But at the point where the video is re approved Google should flag the video such that it was previously auto-disabled and found to be not infringing and thus redirect any future DMCAs on it to the manual review pile instead of the automatic pile.

This would curtail studios using the automatic takedown process to fuck with people while adding a fairly minimal amount of work to Google's pile since most of the items that are taken down through the automatic DMCA process won't get re-approved in the first place.

[DannyBee]

So, something is not non-infringing just because someone drops a single DMCA claim.

Sadly, even in that case, the future DMCA's are just as valid, and Google would likely be just as liable, even if they are doing it abusively.

Again, the abuse is something to get a judge to look at, not Google.

Without a declaratory judgement of non-infringement in hand, there is actually nothing to say it's non-infringing, all you've done is get someone to drop a DMCA claim.