I find this article fascinating! In the late 1980s my family owned Apature Products. We were listed as #2 in the wire industry only to the #1 company - Monster Cable.
The ironic thing here is that I have spent over a decade fighting for the balance in Copyright and informing/fighting against the DMCA.
Had the economic tides been turned, perhaps I could have fought and lobbied.
I know, it sucks... should have never been taken down. They may claim TOS... but still, if people don't file counterntofications, when will service providers finally get the point that they can't just automatically take down a site that is allegedly infringing. If the work of removal of content and restoration of content is involved maybe service providers will carefully look over the DMCA notifications to see if the notification is really substantial. Many just check to see that the DMCA notice is valid or not.
So, until people start filing counternotifications, Service providers will simply disable access and/or remove content.
If you file a counter notification, they will have to restore the material and restore access which... trust me is a lot more challenging than you may think.
In fact, I know one lady who argued a DMCA notification and her content was not restored on Blogger. They told her that they simply could not restore it. That is cause for liability and she could sue, especially since the notification was false and showed that she allegedly filed a DMCA notification against herself!
Counternotify. If nothing else, make more work for the ISP!
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How's it going!
anything I can do... Let me know!!!!!!!!
Monster cable - the irony (as marcia wilbur)
The ironic thing here is that I have spent over a decade fighting for the balance in Copyright and informing/fighting against the DMCA.
Had the economic tides been turned, perhaps I could have fought and lobbied.
Oh, the irony!
Counternotify
You can get a sample at Chilling Effects.
Within 10-14 days get restored.
I know, it sucks... should have never been taken down. They may claim TOS... but still, if people don't file counterntofications, when will service providers finally get the point that they can't just automatically take down a site that is allegedly infringing. If the work of removal of content and restoration of content is involved maybe service providers will carefully look over the DMCA notifications to see if the notification is really substantial. Many just check to see that the DMCA notice is valid or not.
So, until people start filing counternotifications, Service providers will simply disable access and/or remove content.
If you file a counter notification, they will have to restore the material and restore access which... trust me is a lot more challenging than you may think.
In fact, I know one lady who argued a DMCA notification and her content was not restored on Blogger. They told her that they simply could not restore it. That is cause for liability and she could sue, especially since the notification was false and showed that she allegedly filed a DMCA notification against herself!
Counternotify. If nothing else, make more work for the ISP!
Techdirt has not posted any stories submitted by aicra.
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