So it's pretty well established by now that, if a youtube channel owner files a DMCA Counter-Notification, the party who filed the DMCA Takedown Notice has ten days to file a lawsuit for copyright infringement, otherwise the video is automatically reinstated and the copyright strike is automatically removed.
However, Youtube is not very clear on what happens if (A) the channel owner files the counter-notification, (B) the original claimant files the lawsuit, and (C) the original claimant loses that lawsuit for whatever reason. Does this mean that the video is reinstated and the copyright strike removed, the same as if they had never filed the lawsuit in the first place? Or does the copyright strike remain?
Because if it is the latter, that sounds like a recipe for abuse waiting to happen. What's to stop bad actors from getting the counter-notification, filing the lawsuit, ensuring that the video remains down and the copyright strike remains on the victim's channel, and then immediately non-suiting the case after he got what he wanted?
Bear in mind that the DMCA itself does not and literally cannot comment on this scenario, as the federal government has no authority to force Youtube not to issue strikes against a channel. So we need Youtube specifically to tell us how they would handle such an incident.
However, Youtube is not very clear on what happens if (A) the channel owner files the counter-notification, (B) the original claimant files the lawsuit, and (C) the original claimant loses that lawsuit for whatever reason. Does this mean that the video is reinstated and the copyright strike removed, the same as if they had never filed the lawsuit in the first place? Or does the copyright strike remain?
Because if it is the latter, that sounds like a recipe for abuse waiting to happen. What's to stop bad actors from getting the counter-notification, filing the lawsuit, ensuring that the video remains down and the copyright strike remains on the victim's channel, and then immediately non-suiting the case after he got what he wanted?
Bear in mind that the DMCA itself does not and literally cannot comment on this scenario, as the federal government has no authority to force Youtube not to issue strikes against a channel. So we need Youtube specifically to tell us how they would handle such an incident.
