According to this video:
If the content creator receives a DMCA takedown on their channel, and then files a technically perfect DMCA counter notice, then the copyright claimant must file a lawsuit against the youtube content creator within 10 days for copyright infringement, otherwise the video gets put back up and the copyright strike gets removed.
From what they're saying, the Youtube employees appear to be carrying out mostly ministerial duties. They don't take a side one way or another at any point in the process. They simply do as they're told when they receive a takedown notice. They simply do as they're told when they receive a counter-notice.
But they don't exactly cover what happens after the lawsuit is terminated. Like, for example, suppose the lawsuit gets filed within the 10 day time limit. The video stays taken down and the copyright strike remains on the youtube channel. Then, after X amount of time and money spent on the litigation, the court finds in favor of the defendant (the youtube content creator) and dismisses the lawsuit with prejudice.
What happens then? On youtube's side, I mean. Does the video again get put back up (this time, for good), and copyright strike gets removed the same as if they didn't file the lawsuit within 10 days in the first place?
If not, then is there anything to prevent a copyright claimant from abusing that final step by filing the lawsuit, getting Youtube to keep the video removed, and then immediately non-suiting the case, or some other thinly-veiled bullcrap like that?
If the content creator receives a DMCA takedown on their channel, and then files a technically perfect DMCA counter notice, then the copyright claimant must file a lawsuit against the youtube content creator within 10 days for copyright infringement, otherwise the video gets put back up and the copyright strike gets removed.
From what they're saying, the Youtube employees appear to be carrying out mostly ministerial duties. They don't take a side one way or another at any point in the process. They simply do as they're told when they receive a takedown notice. They simply do as they're told when they receive a counter-notice.
But they don't exactly cover what happens after the lawsuit is terminated. Like, for example, suppose the lawsuit gets filed within the 10 day time limit. The video stays taken down and the copyright strike remains on the youtube channel. Then, after X amount of time and money spent on the litigation, the court finds in favor of the defendant (the youtube content creator) and dismisses the lawsuit with prejudice.
What happens then? On youtube's side, I mean. Does the video again get put back up (this time, for good), and copyright strike gets removed the same as if they didn't file the lawsuit within 10 days in the first place?
If not, then is there anything to prevent a copyright claimant from abusing that final step by filing the lawsuit, getting Youtube to keep the video removed, and then immediately non-suiting the case, or some other thinly-veiled bullcrap like that?
