Response to a DMCA Counter notice?

Failproductions

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I built my channel up to 5000 subs over the course of 6 months.

Another channel literally copied my videos and edited them slightly~

I filed a DMCA takedown notice.
The channel I filed against filed a "counter notice" and also they filed a take down notice against me!!!
I filed a counter notice as well, and I immediately went and filed a small claims lawsuit against them.

Youtube took my channel down and theirs......

Then today.. youtube emails me telling me that their channel has been reinstated!!!!! But no word on my channel...

I can assume mine will be reinstated too... because that is simply the process... But I gave youtube proof that I took legal action??? Why is their channel still up?
 

Skeltano

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Mind giving me the name of their channel so I can go rip them a new one?
In that kind of mood.
 

Failproductions

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Mind giving me the name of their channel so I can go rip them a new one?
In that kind of mood.
Lol.. thank you, but I'm not out for blood.

It's just a misguided family member.... but none the less I own DestructionChannel

And regardless of what they feel entitled to... all video rights belong to me. Legallly. Unless decided otherwise by a judge.. Which I have already filed a small claim regarding this.

I just can not comprehend.... why youtube says they filed a counter notice.. so youtube tells me to take legal action.. and I DO!!!!!!!!!!! And then youtube says oh.. well you didnt take legal action so his channel is restored....

I DID TAKE LEGAL ACTION YOUTUBE? WTF!!!
 
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SvenInMotion

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This sucks dude, i hope they fix it up for you, it must be really frustrating. As if growing a channel isnt hard enough... Good luck dude, hope you are out this situation asap!
 

Failproductions

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This sucks dude, i hope they fix it up for you, it must be really frustrating. As if growing a channel isnt hard enough... Good luck dude, hope you are out this situation asap!
Yes, thank you.

I'm just shocked that youtube would bring down a channel over a single person filing multiple complaints... I've never heard of such a thing... seems so.... absurd!
 
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UKHypnotist

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Lol.. thank you, but I'm not out for blood.

It's just a misguided family member.... but none the less I own DestructionChannel

And regardless of what they feel entitled to... all video rights belong to me. Legallly. Unless decided otherwise by a judge.. Which I have already filed a small claim regarding this.

I just can not comprehend.... why youtube says they filed a counter notice.. so youtube tells me to take legal action.. and I DO!!!!!!!!!!! And then youtube says oh.. well you didnt take legal action so his channel is restored....

I DID TAKE LEGAL ACTION YOUTUBE? WTF!!!
Dude?

I think this is a matter of your filing the wrong type of lawsuit!
What you should have filed for is an injunction to keep his videos from being restored, accompanied by proof of your copyright ownership; not a small claims proceeding, which is to claim back owed money.

Please Google "Legal procedure for dismissing a DMCA Counter-Claim"; as I think you just shot yourself in the foot. YouTube has terminated your channel for multiple copyright violations. Not suspended, terminated; which means if you don't find a way to correct the situation, you are off YouTube permanently.
 

Failproductions

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Dude?

I think this is a matter of your filing the wrong type of lawsuit!
What you should have filed for is an injunction to keep his videos from being restored, accompanied by proof of your copyright ownership; not a small claims proceeding, which is to claim back owed money.

Please Google "Legal procedure for dismissing a DMCA Counter-Claim"; as I think you just shot yourself in the foot. YouTube has terminated your channel for multiple copyright violations. Not suspended, terminated; which means if you don't find a way to correct the situation, you are off YouTube permanently.
You're absolutely correct.

I recently figured out that I should of done an injunction.

I did however file a counter dmca notice. So I should have my channel back soon. I just need to file the injunction to keep his content down. However, again.. since he is family.. I'm going to give him a clear and fair warning to remove the content on his own.. so that he can retain his 500 subs.
 
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