this post was submitted on 22 Mar 2024
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I've not really thought about it before, but how does a dmca takedown work? Is it just the company telling the hosting to get rid of it and they comply? What is to keep someone from self hosting or hosting somewhere hard to do anything about?
Once the alleged infringing content is removed, the infringing party has the option to file a Counter Claim in response, stating under penalty of perjury that the DMCA Notice is false. The OSP/ISP must wait 10-14 days after receiving a valid DMCA Counter Claim before reactivating or allowing access to the claimed infringing content. The claimant who filed the DMCA Takedown Notice must then file a court order against the infringing site owner and the OSP/ISP if they wish to keep the infringing content offline.
Self-hosters are also subject to DMCA. Failure to comply runs the risk of being sued.
Not if the self-hoster is self-hosting out of DMCA jurisdiction. Also, not if the self-hoster can not be found (say, redirect your mailer to
/dev/null).