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Filing a counter notification is extremely straightforward, and moves this to a court dispute, which will almost undoubtedly never happen. You can use Chilling

Filing a counter notification is extremely straightforward, and moves this to a court dispute, which will almost undoubtedly never happen. You can use Chilling Effects Counter-Notification generator to automate the process: http://www.chillingeffects.org/dmca/counter512.pdf http://www.chillingeffects.org/dmca/counter512.pdf For those who are unfamiliar with DMCA notices, in short: 1. Content Provider Receives DMCA 2. Content Provider must act 'expeditiously' to remove content which is claimed to be infringing 3. Individual has an opportunity to submit a counter notification to their content provider, in which case the content can be reinstated after 10 business days regardless of the other parties claims. (Unless an injunction is obtained.) 4. Any further action is only by legal means (court injunction) Disclaimer: IANAL (yet)

rustc 14y ago
Curious: What happens if the individual in question is NOT in the US? Can this still be done?
- BaconJuice 14y ago
  By the looks of it, I don't think they are. But I think Github will take it down since its hosted in the US?
- Pyramids 14y ago
  EDIT: After rereading your question, I'm assuming you're referring to a situation similar to my third example scenario, that might best address it. Generally: - If the content provider is outside of the United States, DMCA is not valid whatsoever. However, some organizations, especially in English speaking countries, will honor it simply as a notice of infringement. - If the individual sending the complaint is outside the United States, but the content provider is within the US, usually the content provider will cooperate anyway to protect themselves from legal obligation under Safe Harbor provisions. - If the end user receiving the complaint is outside the United States and the content provider is within the US then the content provider should still honor the counter notice and would be covered by Safe Harbor provisions. I'm not sure on the specifics of this, however you must at minimum consent to the jurisdiction of US Federal Law for any further actions. For the most part, the content provider / hosting company will do what is in their best interest to legally safeguard themselves, with little regard for end user rights. Generally speaking, the larger the company the moreso this applies. Github seems like a reasonable organization, and if you submit a counter notification in valid format they should act accordingly. Also, I see the Chilling Effects URL is getting hammered, here's a static version which you can modify: http://www.cs.cmu.edu/~dst/Terrorism/form-letter.html http://www.cs.cmu.edu/~dst/Terrorism/form-letter.html While unrelated to this issue specifically, something which is interesting to note is that in a several year old paper from Vanderbilt University, they specifically mention a provision dealing with enforcing the DMCA on foreign websites. While this provision has never been used to my knowledge it does exist and is quite scary considering the implications: While direct action against a foreign site is not possible in U.S. courts, the Digital Millennium Copyright Act (“DMCA”) allows courts to order the blocking of infringing sites. Section 512(j)(1)(B)(ii) (the “Foreign Site Provision”) permits an order to restrain an Internet service provider (“ISP”) from providing access to a “specific, identified, online location outside the United States.” Therefore this provision, with some limitations, may be used to block U.S. access to infringing foreign sites.
dangrossman 14y ago
Re #3, the reinstatement must occur no sooner than 10 days from receiving the counternotice. It's not immediate. This gives the other party time to go to court for an injunction before the content goes back online.
- Pyramids 14y ago
  Good catch, updated original post to reflect this.

rustc 14y ago

Curious: What happens if the individual in question is NOT in the US? Can this still be done?

BaconJuice 14y ago
By the looks of it, I don't think they are. But I think Github will take it down since its hosted in the US?
Pyramids 14y ago
EDIT: After rereading your question, I'm assuming you're referring to a situation similar to my third example scenario, that might best address it. Generally: - If the content provider is outside of the United States, DMCA is not valid whatsoever. However, some organizations, especially in English speaking countries, will honor it simply as a notice of infringement. - If the individual sending the complaint is outside the United States, but the content provider is within the US, usually the content provider will cooperate anyway to protect themselves from legal obligation under Safe Harbor provisions. - If the end user receiving the complaint is outside the United States and the content provider is within the US then the content provider should still honor the counter notice and would be covered by Safe Harbor provisions. I'm not sure on the specifics of this, however you must at minimum consent to the jurisdiction of US Federal Law for any further actions. For the most part, the content provider / hosting company will do what is in their best interest to legally safeguard themselves, with little regard for end user rights. Generally speaking, the larger the company the moreso this applies. Github seems like a reasonable organization, and if you submit a counter notification in valid format they should act accordingly. Also, I see the Chilling Effects URL is getting hammered, here's a static version which you can modify: http://www.cs.cmu.edu/~dst/Terrorism/form-letter.html http://www.cs.cmu.edu/~dst/Terrorism/form-letter.html While unrelated to this issue specifically, something which is interesting to note is that in a several year old paper from Vanderbilt University, they specifically mention a provision dealing with enforcing the DMCA on foreign websites. While this provision has never been used to my knowledge it does exist and is quite scary considering the implications: While direct action against a foreign site is not possible in U.S. courts, the Digital Millennium Copyright Act (“DMCA”) allows courts to order the blocking of infringing sites. Section 512(j)(1)(B)(ii) (the “Foreign Site Provision”) permits an order to restrain an Internet service provider (“ISP”) from providing access to a “specific, identified, online location outside the United States.” Therefore this provision, with some limitations, may be used to block U.S. access to infringing foreign sites.

dangrossman 14y ago

Re #3, the reinstatement must occur no sooner than 10 days from receiving the counternotice. It's not immediate. This gives the other party time to go to court for an injunction before the content goes back online.

Pyramids 14y ago
Good catch, updated original post to reflect this.